PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
YFD Rental provides an online platform that connects Hosts who have accommodations to rent to Guests seeking to rent such accommodations (collectively, the “Services”). These T&C’s govern all relations between YFD Rental and any person who visits which www.yangfd.com and any other websites through which YFD Rental makes its Services available (collectively, the “Site”). By viewing and using the Site, you acknowledge having read these T&C’s and explicitly declare that you accept them without reservation. Furthermore you acknowledge you are competent and have the means required to access and use this Site.
YFD Rental reserves the right to amend these T&Cs at any time by publishing a new version of them on the Site.
Definition
YFD Rental is a trading name associated with youngfunding and all other repective site and apps, social media account are services and product created under brothers bridge technology ltd ,
“YFD Rental Content” means all Content that YFD Rental makes available through the Site, or Services, including any Content licensed from a third party, but excluding Member Content.
“Booking Request Period” means the period of time starting from when a booking is requested by a Guest, within which a Host may decide whether to confirm or reject that booking request, as stated on the Site.
“Collective Content” means Member Content and YFD Rental Content.
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“Guest” means a Member who requests from a Host a booking of an Accommodation via the Site, or a Member who stays at an Accommodation and is not the Host for such Accommodation.
“Host” means a Member who creates a Listing via the Site.
“Listing” means an Accommodation that is listed by a Host as available for rental via the Site.
“Member” means a person who completes YFD Rental’s account registration process, including but not limited to Hosts and Guests, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site or Services.
Terms of Service
YOU ACKNOWLEDGE AND AGREE THAT, BY USING THE PAYMENT SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITION. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITION, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE PAYMENT SERVICES. Failure to use the Payment Services in accordance with these Terms and Condition may subject you to civil and criminal penalties. If you accept or agree to these Terms and Condition 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 Terms and Condition and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Modification
YFD Rental(YoungFunding) reserves the right, at its sole discretion, to modify or terminate the Payment Services or to modify these Terms and Condition at any time and without prior notice. If we modify these Terms and Condition, we will post the modification on the Site or via the Application and/or provide you notice of the modification by email. We will also update the “Last Updated” date at the top of these Terms and Condition. Changes to the Terms and Condition will be effective at the time of posting. Your continued use of the Payment Services will constitute acceptance of the revised Terms and Condition. Additionally, if the modified Terms and Condition contain material changes applicable to existing Members (by decreasing your rights or increasing your responsibilities), we will provide you with notice prior to the changes taking effect. If the modified Terms and Condition are not acceptable to you, your only recourse is to cease using the Payment Services. If you do not close your YFD Rental Account you will be deemed to have accepted the changes.
YFD Rental reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site.
Eligibility
The Payment Services are intended solely for persons who are 18 or older. Any use of the Payment Services by anyone under 18 is expressly prohibited. By using the Payment Services you represent and warrant that you are 18 or older.
The Site is intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older
How the site works
The Site can be used to facilitate the listing and booking of residential and other properties (“Accommodations”). Such Accommodations are included in Listings on the Site by Hosts. You may view Listings as an unregistered visitor to the Site; however, if you wish to book an Accommodation or create a Listing, you must first register to create an YFD Rental Account (defined below).
As stated above, YFD Rental makes available an online marketplace with related technology for Guests and Hosts to meet online and arrange for bookings of Accommodations directly with each other. YFD Rental is not an owner or operator of properties or Accommodations, nor is it a provider thereof and YFD Rental does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties. Unless explicitly specified otherwise in the YFD Rental platform, YFD Rental’s responsibilities are limited to: (i) facilitating the availability of the Site and (ii) serving as the limited payment collection agent of each Host for the purpose of accepting payments from Guests on behalf of the Host.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE IS INTENDED TO BE USED TO FACILITATE HOSTS AND GUESTS CONNECTING AND BOOKING ACCOMMODATIONS DIRECTLY WITH EACH OTHER. YFD RENTAL CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS. YFD RENTAL IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACCOMMODATIONS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE GUEST’S OWN RISK.
Account Registration
In order to use the Payment Services, you must first register to create an YFD Rental Account and become a Member in accordance with the “Account Registration” section of the YFD Rental Terms. You acknowledge and agree that anyone you authorize to use your YFD Rental Account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.
In order to access certain features of the Site, and to book an Accommodation or create a Listing, you must register to create an account (“YFD Rental Account”) and become a Member.
We will create your YFD Rental Account and your YFD Rental Account profile page for your use of the Site based on the personal information you provide to us or that we obtain via a third party social networking system (“SNS”) that you login in with (e.g. Facebook). You agree to provide accurate and complete information during the registration process and to update such information to keep it accurate and complete. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your YFD Rental Account, whether or not you have authorized such activities or actions. You will immediately notify YFD Rental of any unauthorized use of your YFD Rental Account.
Identity Verification
You authorize YFD Rental(YoungFunding), directly or through third parties, to make any inquiries we consider necessary to help verify or check your identity or prevent fraud. This may include asking you to provide a form of government identification (e.g. driver’s license or passport), your date of birth, your address, and other information requiring you to take steps to confirm ownership of your email address, Payment Methods or Payout Methods; or attempting to screen your information against third party databases. You further authorize YFD Rental(YoungFunding) (or its affiliate) to request a consumer report on you from a consumer reporting agency. This consumer report will be requested and utilized in compliance with applicable law, including the Fair Credit Reporting Act (U.S.), Data Protection Act (UK) and the Consumer Rights Act (UK). YFD Rental(YoungFunding) reserves the right to close, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
Accommodation Listings
As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Accommodation to be listed. In order to be featured in Listings via the Site, all Accommodations must have valid physical addresses. Listings will be made publicly available via the Site. Other Members will be able to book your Accommodation via the Site based upon the information provided in your Listing.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or a Guest's stay at, an Accommodation in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Accommodation included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that YFD Rental assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. YFD Rental reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason.
If you are a Host, you understand and agree that YFD Rental does not act as an insurer or as your contracting agent. If a Guest requests a booking of your Accommodation and stays at your Accommodation, any agreement you enter into with such Guest is between you and the Guest and YFD Rental is not a party thereto.
You acknowledge and agree that, as a Host, 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 the individuals the Guest invites to the Accommodation, if applicable).
YFD Rental recommends that Hosts obtain appropriate insurance for their Accommodations. Please review any insurance policy that you may have for your Accommodation carefully, and in particular please 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 invites to the Accommodation, if applicable) while at your Accommodation.
YFD Rental may offer Hosts the option of having photographers take photographs of their Accommodations. All images, materials and content created by these photographers provided by YFD Rental constitute YFD Rental Content, regardless of whether you include them in your Listing.
No Endorsement
If we take images of Host accommodation, those do not represent an endorsement by YFD Rental of any Member or any Accommodation. Members are required by these Terms to provide accurate information, and although YFD Rental may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background or Accommodation.
Any references in the Site or Services to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by YFD Rental about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact via the Site. We therefore recommend you always exercise due diligence and care when deciding whether to stay with a Host or to accept a booking request from a Guest. We are not responsible for any damage or harm resulting from your interactions with other Members.
By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from YFD Rental with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site regarding any bookings or Listings made by you.
Financial Terms for Bookings
- Key Definitions
“Payment Method” means a payment method that you have added to your YFD Rental Account, such as a credit card, debit card or PayPal.
“Payout Method” means a payout method that you have added to your YFD Rental Account, such as PayPal, direct deposit or electronic funds transfer, a prepaid card or a debit card (where available).
“Accommodation Fees” means the amounts that are due and payable by a Guest in exchange for that Guest’s stay in an Accommodation. The Host alone, and not YFD Rental, determines these amounts. The Host may in his or her sole discretion decide to include in these amounts (i) a cleaning fee or any other fee permitted on the YFD Rental platform, or (ii) Taxes that the Host determines that he or she has to collect.
“Host Fees” means the fee that YFD Rental charges a Host for the use of its online platform, which is calculated as a percentage of the applicable Accommodation Fees. The Host Fees will be displayed to the Host when the Host is asked whether to confirm or reject a booking request from a prospective Guest.
“Service Fees” or “Total Fees” means collectively the Guest Fees and the Host Fees.
- Financial Terms for Hosts regarding Bookings
If, as a Host, you are unable to confirm or decide to reject a Booking request within the Booking Request Period, any amounts collected by YFD Rental(YoungFunding) for the requested Booking will be refunded to the applicable Guest’s Payment Method and any pre-authorization of such Payment Method will be released.
YFD Rental(YoungFunding) will collect the Total Fees from each Guest either at the time of the Booking request or upon the Host’s confirmation of the Booking (depending upon the Guest’s Payment Method). YFD Rental(YoungFunding) will initiate payment of the Accommodation Fees (less YFD Rental’s Host Fees and any Taxes in respect of the Host Fees, such as VAT in Europe) to the Host in most cases within 24 hours of the scheduled check-in time for the Guest at the applicable Accommodation (or within 24 hours of 3:00pm local time - or 3:00pm UTC if local time is unknown - if the check-in time is flexible or not specified), unless the Host and YFD Rental(YoungFunding) agree to a different time or trigger for payment. The time it takes for the Host to receive payouts once released by YFD Rental(YoungFunding) may depend upon the Payout Method chosen by the Host. Some Payout Methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Host, including by deducting their charges from the payout amount.
If you owe or agree to pay any amount via YFD Rental(YoungFunding) to YFD Rental (whether as a result of your Bookings or actions as a Guest or otherwise), then YFD Rental(YoungFunding) may (but is not obliged to) withhold the amount owing to YFD Rental from any payout amounts due to you as a Host, and use the withheld amount to setoff the amount owed by you to YFD Rental. If YFD Rental(YoungFunding) does so, then your obligation to pay YFD Rental will be extinguished to the extent of the amount withheld by YFD Rental(YoungFunding), and YFD Rental will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld. In addition to the amount due, if your account is delinquent or you otherwise have chargebacks on your account, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees, or other third party charges. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to YFD Rental and/or YFD Rental(YoungFunding) by you. Such communication may be made by YFD Rental, YFD Rental(YoungFunding) or by anyone on their behalf, including but not limited to a third party collection agent.
- Appointment of YFD Rental(YoungFunding) as Limited Payment Collection Agent for Host
Each Host hereby appoints YFD Rental(YoungFunding) as the Host’s limited payment collection agent solely for the purpose of accepting the Accommodation Fees from Guests.
Each Host agrees that payment made by a Guest through YFD Rental(YoungFunding), shall be considered the same as a payment made directly to the Host, and the Host will make the Accommodation available to the Guest in the agreed-upon manner as if the Host has received the Accommodation Fees.
Each Host agrees that YFD Rental may, in accordance with YFD Rental’s cancellation policy, (i) permit the Guest to cancel the booking and (ii) refund (via YFD Rental(YoungFunding)) to the Guest that portion of the Accom modation Fees specified in the applicable cancellation policy.
. Each Host understands that YFD Rental(YoungFunding) accepts payments from Guests as the Host’s limited payment collection agent and that YFD Rental(YoungFunding)’ obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guests. YFD Rental(YoungFunding) does not guarantee payments to Hosts for amounts that have not been successfully received by YFD Rental(YoungFunding) from Guests. In accepting appointment as the limited collection agent of the Host, YFD Rental(YoungFunding) assumes no liability for any acts or omissions of the Host.
- Financial Terms for Guests regarding Bookings
You acknowledge and agree that, notwithstanding the fact that YFD Rental(YoungFunding) is not a party to the agreement between you and the Host, YFD Rental(YoungFunding) acts as the Host’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Host.
The Hosts, not YFD Rental, are solely responsible for honoring any confirmed bookings and making available any Accommodations reserved through the Site. If you, as a Guest, choose to enter into a transaction with a Host for the booking of an Accommodation, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by the Host. You acknowledge and agree that you, and not YFD Rental, will be responsible for performing the obligations of any such agreements, that YFD Rental is not a party to such agreements, and that, with the exception of its payment obligations hereunder, YFD Rental disclaims all liability arising from or related to any such agreements.
You as a Guest agree and liable to pay for the Total Fees for any booking requested in connection with your YFD Rental Account if such requested bookings are confirmed by the applicable Host You as a Guest agree that YFD Rental(YoungFunding) may charge your Payment Method the Total Fees for any Booking requested in connection with your YFD Rental Account. In order to establish a Booking pending the applicable Host’s confirmation of your requested Booking, you understand and agree that YFD Rental(YoungFunding), on behalf of the Host, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your Payment Method for the Total Fees or (ii) charge your Payment Method a nominal amount, , to verify your Payment Method. As a general rule, YFD Rental(YoungFunding) will collect the Total Fees due once YFD Rental receives confirmation of your Booking from the applicable Host. However, if you pay with a push Payment Method (such as Alipay or Sofort), YFD Rental(YoungFunding) will collect Total Fees at the time of your Booking request. In instances in which YFD Rental(YoungFunding) is unable to collect Total Fees in the ordinary course, YFD Rental(YoungFunding) may elect to collect Total Fees at a later point in time. Once the payment transaction for your requested Booking is successfully completed you will receive a confirmation email summarizing your confirmed Booking.
If a requested Booking is cancelled (i.e. not confirmed by the applicable Host), any amounts collected by YFD Rental(YoungFunding) will be refunded to such Guest, depending on the selections the Guest makes via the Site and Application, and any pre-authorization of such Guest’s Payment Method will be released, if applicable. The timing to receive such refund or for a pre-authorization to be released will be determined based on the Payment Method used and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.
You as a Guest agree to pay for the Total Fees for any booking requested in connection with your YFD Rental Account if such requested bookings are confirmed by the applicable Host. In order to establish a booking pending the applicable Host’s confirmation of your requested booking, you understand and agree that YFD Rental(YoungFunding), on behalf of the Host, reserve the right, in its sole discretion, to obtain a pre-authorization via your credit card or PayPal account for the Total Fees. Please note that YFD Rental cannot control any fees that may be charged to a Guest by his or her bank related to collection of the Total Fees, and YFD Rental disclaims all liability in this regard.
In connection with your requested Booking, you will be asked to provide customary billing information such as name, billing address and Payment Method information either to YFD Rental(YoungFunding) or its third-party payment processor(s). You agree to pay YFD Rental(YoungFunding) for any confirmed Bookings made in connection with your YFD Rental Account in accordance with these Terms and Condition by one of the methods supported by the Site or Application (e.g. by PayPal, credit card or debit card). You hereby authorize the collection of such amounts by charging the Payment Method provided as part of requesting the Booking, either directly by YFD Rental(YoungFunding) or indirectly, via a third-party online payment processor or by one of the payment methods described on the Site or Application. You also authorize YFD Rental(YoungFunding) to charge any Payment Method on file in your YFD Rental Account in the event of damage caused at an Accommodation as contemplated under Section 8, “Damage to Accommodations and Security Deposits”, below.
If YFD Rental(YoungFunding) is unable to collect any amounts you owe for a confirmed Booking or a Damage Claim, YFD Rental(YoungFunding) may engage in collection efforts to recover such amounts from you. You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail or by phone, as provided to YFD Rental and/or YFD Rental(YoungFunding) by you. Such communication may be made by YFD Rental, YFD Rental(YoungFunding) or by anyone on their behalf, including but not limited to a third party collection agent.
Please note that YFD Rental(YoungFunding) cannot control any fees that may be charged to a Guest by his or her third-party payment service provider related to YFD Rental(YoungFunding)’ collection of the Total Fees, and YFD Rental(YoungFunding) disclaims all liability in this regard. Whatever Payment Method you use may be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review such terms and conditions before using your Payment Method.
- Service Fees and Other Fees
YFD Rental(YoungFunding) collects the Service Fees charged by YFD Rental Where applicable, YFD Rental may also charge Taxes (such as VAT in Europe) in respect of the Host Fees and Guest Fees. YFD Rental(YoungFunding) deducts the Host Fees from the Accommodation Fees before remitting the balance to the Host as described in these Terms and Condition. Guest Fees are, as noted above, included in the Total Fees.
Balances will be remitted by YFD Rental(YoungFunding) to Hosts via the Payout Method selected by the Host in the Host’s currency of choice, depending upon the selections the Host makes via the Site, Application and Services. Amounts may be rounded up or down as described the “Rounding Off” portion of this Section 6.
Please note that YFD Rental(YoungFunding) may impose or deduct currency conversion costs on or from any payments or payouts by YFD Rental in currencies. More information on any such costs or deductions is available via the Site and Application, and in Section 10, “Currency Conversion”, below.. Except as otherwise provided herein, Service Fees are non-refundable.
- General Booking and Financial Terms
Cancellations and Refunds
If, as a Guest, you wish to cancel a confirmed booking, either before or after arriving at the Accommodation, you will need to email us at services@youngfunding.co.uk explaining the reason for your cancellation. Guests are required to give 1-month notice to YFD Rental and their Host if they wish to cancel a booking (see detail below).
To be entitled to a full refund (minus YFD Rental commission), Guests need to let YFD Rental and their Hosts know they wish to cancel at least one month prior to the check-in date. In such cases, Guests are asked to email services@youngfunding.co.uk explaining the reason for cancellation.
Guests are entitled to a full refund within 24 hours of check-in if a Host’s place does not match the description or meet YFD Rental Host standards. In such event, Guests are required to email services@youngfunding.co.uk, within 24 hours of check-in, explaining the situation in detail.
For all other cancellations after the start-date, Guests are required to give their Hosts a 1-month notice period. This means any Guest cancelling in this period will be charged one month from the date of cancellation, however subsequent payments will be voided.
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
As a Guest, you are responsible for leaving the Accommodation in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, 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. In the event that a Host claims otherwise and provides evidence of damage ("Damage Claim"), including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items. If a Host makes a Damage Claim, you as a Guest will be notified of any Damage Claim and given forty eight (48) hours to respond. Thereafter, YFD Rental will collect any such costs from you and/or against the Security Deposit.
Hosts may choose to include security deposits in their Listings ("Security Deposits"). If a Security Deposit is included in a Listing, and a Host makes a claim against such Security Deposit, YFD Rental will use its commercially reasonable efforts to charge the Guest payment method in the amount of the Security Deposit, within a reasonable period of time after the Guest check-out from the Host Accommodation. YFD Rental will also use its commercially reasonable efforts to address Hosts requests and claims related to Security Deposits, but YFD Rental is not responsible for administering or accepting any claims by Hosts related to Security Deposits, and disclaims any and all liability in this regard.
Both Guests and Hosts agree to cooperate with and assist YFD Rental in good faith, and to provide YFD Rental with such information and take such actions as may be reasonably requested by YFD Rental, in connection with any complaints or claims made by Members relating to Accommodations or any personal or other property located at an Accommodation or with respect to any investigation undertaken by YFD Rental or a representative of YFD Rental regarding use or abuse of the Site or the Services. If you are a Guest, upon YFD Rental’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Host, at no cost to you, which process will be conducted by YFD Rental or a third party selected by YFD Rental, with respect to losses for which the Host is requesting payment from YFD Rental or any future YFD Rental Host Guarantee.
If you are a Guest, you understand and agree that YFD Rental reserves the right, in its sole discretion, to 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 or to an Accommodation or any personal or other property located at an Accommodation. You agree to cooperate with and assist YFD Rental in good faith, and to provide YFD Rental with such information as may be reasonably requested by YFD Rental, in order 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 YFD Rental may reasonably request to assist YFD Rental in accomplishing the foregoing.
Guests agree that a confirmed reservation is merely a license granted by the Host to the Guest to enter and use the Listing for the limited duration of the confirmed reservation and in accordance with the Guest's agreement with the Host. Guests further agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between the Host and Guest. If a Guest stays past the agreed upon checkout time without the Host's consent, they no longer have a license to stay in the Listing and the Host is entitled to make the Guest leave. In addition, Guests agree that the Host can charge the Guest, for each 24 hour period that the Guest stays over the agreed period without the Host's consent, an additional nightly fee of two times the average nightly Accommodation Fee originally paid by the Guest to cover the inconvenience suffered by the Host, plus all applicable Service Fees, Taxes, and any legal expenses incurred by the Host to make the Guest leave (collectively, "Additional Sums "). Guests agree that YFD Rental(YoungFunding), in its role as limited collection agent for the Host, shall charge the Guest's credit card or other payment methods it has on file to collect these Additional Sums. In addition, YFD Rental(YoungFunding) may recover any costs and expenses it incurs in collecting the Additional Sums by charging the Guest's credit card or other payment method on file.
Resolution Center
Each Member agrees that YFD Rental(YoungFunding) may collect from you any amount paid through the Resolution Center in connection with your YFD Rental Account by charging the Payment Method associated with the relevant Booking or any other Payment Method on file in your YFD Rental Account, or by withholding the amount from your future payouts. YFD Rental(YoungFunding) will process such payments otherwise in accordance with these Terms and Condition.
Each Member collecting payment for services or amenities via the Resolution Center hereby appoints YFD Rental(YoungFunding) as that Member’s limited payment collection agent solely for the purpose of accepting funds from another Member for the purchase of services or amenities via the Resolution Center. Each Member agrees that payment made by a purchasing Member via the Resolution Center through YFD Rental(YoungFunding), shall be considered the same as a payment made directly to the Member, and the Member will make the service(s) or amenity(ies) available to the purchasing Member in the agreed-upon manner as if the Member has received the payment. Each Member understands that YFD Rental(YoungFunding) accepts payments from purchasing Members as the Member’s limited payment collection agent and that YFD Rental(YoungFunding)’ obligation to pay the Member is subject to and conditional upon successful receipt of the associated payments from purchasing Members. YFD Rental(YoungFunding) does not guarantee payments to Members for amounts that have not been successfully received by YFD Rental(YoungFunding) from purchasing Members. In accepting appointment as the limited payment collection agent of the Member, YFD Rental(YoungFunding) assumes no liability for any acts or omissions of the Member.
If you are paying for services or amenities via the Resolution Center, you acknowledge and agree that, notwithstanding the fact that YFD Rental(YoungFunding) is not a party to the agreement between you and the Member providing the service(s) or amenity(ies), YFD Rental(YoungFunding) acts as the other Member’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Member. Upon your payment of the funds to YFD Rental(YoungFunding), your payment obligation to the Member providing the service(s) or amenity(ies) for the agreed upon amount is extinguished, and YFD Rental(YoungFunding) is responsible for remitting the funds, in the manner described in these Terms and Condition. In the event that YFD Rental(YoungFunding) does not remit any such amounts as described in these Terms and Condition, such Member will have recourse only against such YFD Rental(YoungFunding) entity.
Recurring Payments
For certain Bookings, Guests may be required to make recurring, incremental payments toward the Total Fees owed for a confirmed Booking before beginning his or her stay at the applicable Accommodation (collectively, “Recurring Payments”). More information on Recurring Payments (including the amount and the frequency of the payment) will be made available via the Site, Application and Services, if applicable. If Recurring Payments apply to a confirmed Booking, then the Guest authorizes YFD Rental(YoungFunding), on behalf of the Host, to collect the Total Fees and the Host agrees that YFD Rental(YoungFunding) will initiate payouts to the Host, in the increments and at the frequency associated with the applicable Recurring Payments, each as identified on the Site, Application and Services. You may stop payment of a Recurring Payment by notifying YFD Rental(YoungFunding) orally or in writing at least three (3) business days before the scheduled date of the payment. YFD Rental(YoungFunding) may require that you give written confirmation of a stop-payment order within fourteen (14) days of an oral notification. If you fail to provide written confirmation within fourteen (14) days as requested, YFD Rental(YoungFunding) is not obligated to honor your request to stop any future Recurring Payments. If you have any questions regarding your Recurring Payments, please contact YFD Rental(YoungFunding) pursuant to Section 34.
Rounding Off
YFD Rental(YoungFunding) may, in its sole discretion, round up or round down amounts that are payable from or to Guests or Hosts to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, YFD Rental(YoungFunding) will round up an amount of $101.50 to $102.00, and $101.49 to $101.00.
Some currencies are denominated in large numbers. In those cases, YFD Rental(YoungFunding) may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for YFD Rental(YoungFunding) to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.
Payment Processing Errors
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payout Method or Payment Method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
Booking Modifications
If, as a Guest, you owe additional amounts to YFD Rental due to a Booking Modification, you agree that YFD Rental(YoungFunding) may collect such amounts by charging the Payment Method used to make your Booking. If, as a Host, you owe YFD Rental any amounts due to a Booking Modification, you agree that YFD Rental(YoungFunding) may collect those amounts pursuant to the “Financial Terms for Hosts regarding Bookings” portion of this Section 6 and as otherwise permitted under these Terms and Condition.
In any jurisdiction in which YFD Rental facilitates direct Collection and Remittance pursuant to the YFD Rental Terms, you hereby instruct and authorize YFD Rental(YoungFunding) to collect Occupancy Taxes from Guests on the Host’s behalf at the time Accommodation Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. The amount of Occupancy Taxes, if any, collected and remitted by YFD Rental(YoungFunding) will be visible to and separately stated to both Guests and Hosts on their respective transaction documents. You expressly agree to release, defend, indemnify, and hold YFD Rental(YoungFunding) and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to Occupancy Taxes, including, without limitation, the applicability of, calculation, collection or remittance of Occupancy Taxes in any amount or at all as to your transactions or Accommodations. Hosts and Guests further expressly grant YFD Rental(YoungFunding) permission, without further notice, to store, transfer and disclose data and other information relating to them or to their transactions, Bookings, Accommodations and Occupancy Taxes, including, but not limited to, personally identifiable information such as Host or Guest’s name, Listing addresses, transaction dates and amounts, tax identification number(s), the amount of taxes collected from Guests or allegedly due, contact information and similar information, to the relevant Tax Authority.
- Opt-in to Host Remittance of Taxes
In any jurisdiction in which YFD Rental facilitates Collection by Opt-in for Host Remittance pursuant to the YFD Rental Terms, you hereby instruct and authorize YFD Rental(YoungFunding) to send Occupancy Taxes received from Guests at the time Accommodation Fees are collected to the Host who is obligated to send such taxes to the Tax Authority directly. You hereby agree that through third party payment processors, YFD Rental(YoungFunding) is merely processing your election and direction to have Occupancy Taxes from Guests sent directly to the Host for remittance by the Host to the Tax Authority, and that You will remit all amounts collected from Guests as Occupancy Taxes to such Tax Authority. You expressly agree to release, defend, indemnify, and hold YFD Rental(YoungFunding) and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to Occupancy Taxes, including, without limitation, the applicability of, calculation of, collection of Occupancy Taxes in any amount or at all as to your transactions or Accommodations. Hosts and Guests further expressly grant YFD Rental(YoungFunding) permission, without further notice, to store, transfer and disclose data and other information relating to them or to their transactions, Bookings, Accommodations and Occupancy Taxes, including, but not limited to, personally identifiable information such as Host or Guest’s name, Listing addresses, transaction dates and amounts, tax identification number(s), the amount of taxes received by Hosts from Guests, or allegedly due, contact information and similar information, to the relevant Tax Authority.
- Miscellaneous Occupancy Tax Provisions
Whether you are a Guest or Host, you agree that any claim or cause of action relating to YFD Rental(YoungFunding)’ facilitation of Opt-in for Host Remittance or Collection and Remittance shall not extend to any supplier or vendor that may be used by YFD Rental in connection with facilitation of Opt-in Remittance or Collection and Remittance of Occupancy Taxes, if any. Guests and Hosts 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 YFD Rental from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
In any jurisdiction in which we have not provided notice of, or are not facilitating (or are no longer facilitating), the collection or remittance of Occupancy Taxes by Collection and Remittance, Opt-in for Host Remittance or any other means or method, in your jurisdiction, Hosts and Guests remain solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Accommodations.
Hosts and Guests acknowledge and agree that in some jurisdictions, YFD Rental(YoungFunding) may decide not to facilitate collection or remittance of Occupancy Taxes or may not be able to facilitate the collection and/or remittance of Occupancy Taxes, and nothing contained in these Terms and Condition is a representation or guarantee that YFD Rental(YoungFunding) will facilitate collection and/or remittance of Occupancy Tax anywhere at all, including in any specific jurisdiction, or that YFD Rental(YoungFunding) will continue to facilitate any collection or remittance of Occupancy Tax in any specific jurisdiction in which it may have been offered. YFD Rental(YoungFunding) reserves the right, in its sole determination, to cease any facilitation of any collection and remittance of Occupancy Tax (regardless of method used or to be used in the future) for any reason or no reason at all, provided that it will give Hosts reasonable notice in any jurisdiction in which YFD Rental(YoungFunding) determines to cease any such facilitation.
Damage to Accommodations and Security Deposits
If (i) you as a Guest agree to pay the Host in connection with a Damage Claim, or (ii) YFD Rental determines that you are responsible for damaging an Accommodation or any personal or other property located at an Accommodation pursuant to the YFD Rental Terms, YFD Rental(YoungFunding) may charge the Payment Method used to make the Booking in order to collect any Security Deposit associated with the Listing, as well as any amount of the Damage Claim exceeding any Security Deposit. If the Listing does not have a Security Deposit, YFD Rental(YoungFunding) may charge the Payment Method used to make the Booking for the amount of the Damage Claim. If we are unable to collect from your Payment Method used to make the Booking, you agree that YFD Rental(YoungFunding) may charge any other Payment Method on file in your YFD Rental Account at the time of the Damage Claim.
YFD Rental(YoungFunding) also reserves the right to otherwise collect payment from you and pursue any avenues available to YFD Rental(YoungFunding) if YFD Rental determines that you have damaged any Accommodation or any personal or other property located at any Accommodation. If we are unable to charge a Payment Method on file in your YFD Rental Account or otherwise collect payment from you, you agree to remit payment for any damage to the Accommodation to the applicable Host or to YFD Rental(YoungFunding) (if applicable).
Security Deposits, if required by a Host, may be applied to any fees due from a Guest overstaying at a Listing without the Host’s consent.
Overstaying without the Host’s Consent
If you as a Guest stay past the agreed upon checkout time without the Host’s consent, you agree that YFD Rental(YoungFunding), in its role as limited payment collection agent for the Host, may charge any Payment Method(s) you have on file in your YFD Rental Account to collect, for each 24 hour period that the Guest stays over the agreed period without the Host’s consent, an additional nightly fee of two times the average nightly Accommodation Fee originally paid by the Guest to cover the inconvenience suffered by the Host, plus all applicable Service Fees, Taxes, and any legal expenses incurred by the Host to make the Guest leave (collectively, “Additional Sums”). In addition, YFD Rental(YoungFunding) may recover any costs and expenses it incurs in collecting the Additional Sums by charging any Payment Method(s) you have on file in your YFD Rental Account.
Currency Conversion
Key Definitions
“Booking Currency” means the currency in which a Guest has to pay for his or her Booking. At the time the Guest submits a Booking request, the YFD Rental platform will select the Booking Currency, based on the Guest’s country of origin as determined by (i) YFD Rental’s platform logic; (ii) the Payment Method associated with the Booking; or (iii) both. YFD Rental supports only a certain number of currencies as Booking Currencies. The Booking Currency for a Booking may be different from the relevant Listing Currency.
“Listing Currency” means the default currency associated with the country in which the Listing is located. For example, the Listing Currency for a home located in New York would be U.S. dollars, and the Listing Currency for a home located in Japan would be Japanese Yen.
“Base Exchange Rate” means a system-wide rate used by YFD Rental for currency conversion that is in effect at the time the currency conversion is processed, and does not include any fee or mark-up by YFD Rental. YFD Rental establishes the Base Exchange Rate using data from one or more third parties such as OANDA (www.oanda.com).
“Adjusted Exchange Rate” means a rate for currency conversion that is calculated by adding a mark-up to the Base Exchange Rate. This mark-up represents a charge imposed by YFD Rental for its holding costs and foreign currency risks.
Each currency conversion is processed at a currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. For example, if it costs US$125.00 to buy €100.00, the currency conversion rate of U.S. dollars to Euros would be 1.25, and the currency conversion rate from Euros to U.S. dollars would be 0.8. Currency conversion rates will vary from time to time.
YFD Rental(YoungFunding) will process a currency conversion in the following situations:
- Where the Booking Currency is different from the Listing Currency when a Guest submits a booking request for a Listing, YFD Rental will calculate the Total Fees in the Booking Currency by applying either the Base Exchange Rate or the Adjusted Exchange Rate at the time of the Booking request to the Total Fees in the Listing Currency. The Guest Fee, which is a percentage of the applicable Accommodation Fees, will be calculated based on the Accommodation Fees in the Booking Currency (i.e. after conversion from the Listing Currency). The Adjusted Exchange Rate will be applied if the Booking Currency is different from the Listing Currency.
- When a confirmed Booking is modified or cancelled, and there had been a currency conversion when the Booking was submitted, the currency conversion for any additional payments required of the Guest or any refund to the Guest will be processed at the same rate as applied to the earlier payment by the Guest.
When you as a Guest submit a Booking request for a Listing, you will be able to view the actual exchange rate used to calculate the Total Fees in the Booking Currency. Where the Adjusted Exchange Rate is applied, the exchange rate will be displayed inclusive of the mark-up. The exchange rate (and any mark-up included in the rate) will also be stated in the billing receipt for your Booking.
Payment Method Information
You authorize YFD Rental(YoungFunding) to store your Payment Method information and charge your Payment Method as outlined in these Terms and Condition. If your Payment Method’s account information changes (e.g. account number, routing number, expiration date), we may acquire that information from our financial services partner or your bank and update your Payment Method on file in your YFD Rental Account.
User Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court;
- use the Payment Services for any commercial or other purposes that are not expressly permitted by these Terms and Condition;
- use the Payment Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- register any Payment Method with your YFD Rental account that is not yours or you do not have authorization to use;
- post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- attempt to probe, scan, or test the vulnerability of any YFD Rental system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by YFD Rental(YoungFunding) or any of YFD Rental(YoungFunding)’ providers or any other third party (including another user) to protect the Payment Services;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Payment Services to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Payment Services; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
YFD Rental(YoungFunding) has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms and Condition, YFD Rental(YoungFunding) may take a range of actions against you, including but not limited to limiting access to your YFD Rental Account and any associated Payment Services, for a violation of this Section 12 or these Terms and Condition.
Privacy
You agree that YFD Rental’s Privacy Policy (as may be updated from time to time) governs YFD Rental(YoungFunding)’ collection, processing and use of your personal information.
Intellectual Property Ownership and Rights Notice
The Payment Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Payment Services, including all associated intellectual property rights, are the exclusive property of YFD Rental, YFD Rental(YoungFunding) and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Payment Services. All trademarks, service marks, logos, trade names, and any other proprietary designations of YFD Rental or YFD Rental(YoungFunding) used on or in connection with the Payment Services are trademarks or registered trademarks of YFD Rental or YFD Rental(YoungFunding) 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 Payment Services are used for identification purposes only and may be the property of their respective owners. As a Host, Guest or Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Payment Services, including YFD Rental’s Trademark & Branding Guidelines (as may be updated from time to time).
Additional Products and Terms
Certain Payment Services or new or different products and services offered by YFD Rental(YoungFunding) from time to time may have different terms and conditions posted or require you to agree with and accept additional terms and conditions. If additional terms are required for any Payment Service or other product or service, YFD Rental(YoungFunding) will provide you those additional terms and conditions at the time the Payment Service or other product or service is offered or made available to you. If there is a conflict between these Terms and Condition and terms and conditions posted for a specific Payment Service or other product or service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service or other product or service.
Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Payment Services (“Feedback”). You may submit Feedback by emailing us, through the “Contact” section of the YFD Rental Site and Application, or pursuant to Section 34, “Contact YFD Rental(YoungFunding)”, below. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of YFD Rental and/or YFD Rental(YoungFunding) and you hereby irrevocably assign to YFD Rental and YFD Rental(YoungFunding) and agree to irrevocably assign to YFD Rental and YFD Rental(YoungFunding) all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At YFD Rental or YFD Rental(YoungFunding)’ request and expense, you will execute documents and take such further acts as YFD Rental or YFD Rental(YoungFunding) may reasonably request to assist YFD Rental or YFD Rental(YoungFunding) to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Account Limitation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit access to your YFD Rental Account and any associated Payment Services.
Disclaimers
IF YOU CHOOSE TO USE THE PAYMENT SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT YFD RENTAL(YOUNGFUNDING) PROVIDES THE PAYMENT SERVICES TO YOU SUBJECT TO YOUR STATUTORY RIGHTS BUT OTHERWISE “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY STATED IN THESE TERMS AND CONDITION. WITHOUT LIMITING THE FOREGOING, YFD RENTAL(YOUNGFUNDING) EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. YFD RENTAL(YOUNGFUNDING) MAKES NO WARRANTY THAT THE PAYMENT SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YFD RENTAL(YOUNGFUNDING) MAKES NO WARRANTY REGARDING THE QUALITY OF THE PAYMENT SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM YFD RENTAL(YOUNGFUNDING) OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
NOTWITHSTANDING YFD RENTAL(YOUNGFUNDING)’ APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE HOSTS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM GUESTS ON BEHALF OF THE HOSTS, YFD RENTAL(YOUNGFUNDING) EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY. YFD RENTAL(YOUNGFUNDING) DOES NOT HAVE ANY DUTIES OR OBLIGATIONS AS AGENT FOR EACH HOST EXCEPT TO THE EXTENT EXPRESSLY SET FORTH IN THESE TERMS AND CONDITION AND ANY ADDITIONAL DUTIES OR OBLIGATIONS AS MAY BE IMPLIED BY LAW ARE HEREBY EXPRESSLY EXCLUDED.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF THE PAYMENT SERVICES REMAINS WITH YOU. IF YOU PERMIT OR AUTHORIZE ANOTHER PERSON TO USE YOUR YFD RENTAL ACCOUNT IN ANY WAY, YOU ARE RESPONSIBLE FOR THE ACTIONS TAKEN BY THAT PERSON. NEITHER YFD RENTAL(YOUNGFUNDING) NOR ANY OTHER PARTY INVOLVED IN PROVIDING PAYMENT 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 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 THESE TERMS AND CONDITION, FROM THE USE OF OR INABILITY TO USE THE PAYMENT SERVICES, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PAYMENT SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YFD RENTAL(YOUNGFUNDING) 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 HOSTS PURSUANT TO THESE TERMS AND CONDITION OR AN APPROVED PAYMENT REQUEST UNDER THE YFD RENTAL HOST GUARANTEE, IN NO EVENT WILL YFD RENTAL’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITION AND YOUR USE OF THE PAYMENT SERVICES INCLUDING, BUT NOT LIMITED TO, FROM THE USE OF OR INABILITY TO USE PAYMENT SERVICES, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE YFD RENTAL PLATFORM AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A HOST, THE AMOUNTS PAID BY YFD RENTAL(YOUNGFUNDING) 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 YFD RENTAL(YOUNGFUNDING) 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.
Indemnification
You agree to release, defend, indemnify, and hold YFD Rental(YoungFunding) 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 (i) your access to or use of the Payment Services, or your violation of these Terms and Condition; or (ii) your accrual or use of any YFD Rental Travel Credits.
Export Control and Restricted Countries
You may not use the Payment Services except as authorized by United States law, the laws of the jurisdiction in which you reside, and any other applicable laws. In particular, but without limitation, the Payment Services may not be used to send or receive funds: (i) into any United States embargoed countries; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using the Payment Services, you represent and warrant that: (i) neither you nor your listed Accommodation is located 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. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.
Entire Agreement
Except as they may be supplemented by a document referenced and incorporated herein or by additional YFD Rental policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms and Condition constitute the entire and exclusive understanding and agreement between YFD Rental(YoungFunding) and you regarding the Payment Services, and these Terms and Condition supersede and replace any and all prior oral or written understandings or agreements between YFD Rental(YoungFunding) and you regarding the Payment Services.
Termination
- Termination for Convenience
You may terminate these Terms and Condition at any time by following the termination procedures specified in the YFD Rental Terms. Terminating these Terms and Condition will also serve as notice to cancel your YFD Rental Account pursuant to the YFD Rental Terms. If you cancel your YFD Rental Account as a Host, YFD Rental(YoungFunding) will provide your Guests a full refund. If you cancel your YFD Rental Account as a Guest, YFD Rental(YoungFunding) will initiate a refund for any confirmed booking based upon the terms of the applicable cancellation policy.
Without limiting our rights specified below, YFD Rental(YoungFunding) may terminate these Terms and Condition for convenience at any time by giving you 30 days' notice via email to your registered email address.
- Termination for Breach, Suspension and Other Measures
YFD Rental(YoungFunding) may immediately, without notice terminate these Terms and Condition, limit your use of or access to the Payment Services, or temporarily or permanently suspend your YFD Rental Account if (i) you have breached these Terms and Condition, including but not limited to any breach of your warranties outlined in these Terms or breach a provision under Section 13, "User Conduct", (ii) you have provided inaccurate, fraudulent, outdated or incomplete information, (iii) you have violated applicable laws, regulations or third party rights, or (iv) YFD Rental(YoungFunding) believes in good faith that such action is reasonably necessary to protect other Members, YFD Rental, YFD Rental(YoungFunding) or third parties, for prevention of unlawful activity or fraud, risk assessment, security or investigation purposes.
In case of non-material breaches and where appropriate, you will be given notice of any measure by YFD Rental(YoungFunding) and an opportunity to resolve the issue to YFD Rental(YoungFunding)' reasonable satisfaction.
If you are a Host and we terminate these Terms and Condition, limit your use of or access to the Payment Services, or temporarily or permanently suspend your YFD Rental Account, (i) we will refund your Guests in full for any and all confirmed bookings, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for confirmed bookings that were cancelled.
- Consequences
If your access to or use of the Payment Services has been limited or your YFD Rental Account has been suspended or these Terms and Condition has been terminated by us, you may not register a new YFD Rental Account or attempt to access and use the Payment Services through other YFD Rental Accounts.
- Survival
If you or we terminate these Terms and Condition, the clauses of these Terms and Condition that reasonably should survive termination of these Terms and Condition will remain in effect.
Assignment
You may not assign or transfer these Terms and Condition, by operation of law or otherwise, without YFD Rental(YoungFunding)’ prior written consent. Any attempt by you to assign or transfer these Terms and Condition, without such consent, will be null and of no effect. YFD Rental(YoungFunding) may assign or transfer these Terms and Condition, at its sole discretion, without restriction. Subject to the foregoing, these Terms and Condition will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms and Condition, will be in writing and given by YFD Rental(YoungFunding) (i) via email (in each case to the address that you provide) or (ii) by posting to the YFD Rental Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
YFD Rental(YoungFunding) Contracting Entity
Generally speaking, the YFD Rental(YoungFunding) entity with whom you are contracting for the purposes of the Payment Services will be determined for each payment or payout based on the jurisdiction in which the relevant Payment Method or Payout Method was issued. The jurisdictions and the corresponding YFD Rental(YoungFunding) contracting entity are set forth below:
For purposes of these Terms and Condition, the People’s Republic of China does not include Hong Kong, Macau and Taiwan (“China”). The above contracting entity rules are subject to the following exceptions:
- if you use a Payment Method or Payout Method issued in China and book an Accommodation or create a Listing outside of China, or book an Accommodation in China with a Host who is not a resident of China, you are contracting with Brothers Bridge Techniology Ltd. related to that activity;
- if you use a Payout Method issued in India and accept a Booking from a Guest with a Payment Method that is not issued in India, you are contracting with Brothers Bridge Techniology Ltd. for that Booking; and
- if you use a Payment Method or Payout Method issued in any jurisdiction other than the United States or India and are not contracting with YFD Rental China, you are contracting with Brothers Bridge Techniology Ltd.
Additionally, if your YFD Rental(YoungFunding) contracting entity under this Section 26 is YFD Rental China, you will nevertheless contract with Brothers Bridge Techniology Ltd. for Payment Services related to any Bookings confirmed prior to December 7, 2016 at 10:00am UTC.
Controlling Law and Jurisdiction
These Terms and Condition and your use of the Payment Services will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in San Francisco County, San Francisco, California or a United States District Court, Northern District of California located in San Francisco, California for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
Dispute Resolution
You and YFD Rental(YoungFunding) agree that any dispute, claim or controversy arising out of or relating to these Terms and Condition or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and YFD Rental(YoungFunding) are each waiving the right to a trial by jury or 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. Further, unless both you and YFD Rental(YoungFunding) otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms and Condition.
Arbitration Rules and Governing Law. This agreement to arbitrate 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 the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org or by calling the AAA at +1 800 778 7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and YFD Rental(YoungFunding) otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and YFD Rental(YoungFunding) submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. 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 having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of Section 19, “Limitation of Liability”, above, as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. YFD Rental will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, YFD Rental(YoungFunding) will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding the provisions of Section 2, “Modification”, above, if YFD Rental(YoungFunding) changes this “Dispute Resolution” section after the date you last accepted these Terms and Condition (or accepted any subsequent changes to these Terms and Condition), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of YFD Rental(YoungFunding)’ email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and YFD Rental(YoungFunding) in accordance with the provisions of this “Dispute Resolution” section as of the date you last accepted these Terms and Condition (or accepted any subsequent changes to these Terms and Condition).
General
The failure of YFD Rental(YoungFunding) to enforce any right or provision of these Terms and Condition 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 YFD Rental(YoungFunding). Except as expressly set forth in these Terms and Condition, the exercise by either party of any of its remedies under these Terms and Condition will be without prejudice to its other remedies under these Terms and Condition or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms and Condition invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms and Condition will remain in full force and effect.
Third Party Beneficiary
These Terms and Condition do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms and Condition for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms and Condition.
Additional Clauses for Users Contracting with Brothers Bridge Techniology Ltd.
The following paragraphs will apply if you are contracting with Brothers Bridge Techniology Ltd. (“YFD Rental(YoungFunding) UK”):
Payment Service User
The Payment Services include the payment collection service provided to Hosts contracting with YFD Rental(YoungFunding) UK. The payment collection service constitutes a “payment service” regulated under the Payment Services Regulations and for these purposes YFD Rental(YoungFunding) UK treats Hosts as the “payment service user.”
Hosts must create a Payout Method with YFD Rental(YoungFunding) UK via the Site or Application by providing complete and accurate information as follows:
- For direct deposit/electronic funds transfer, your address, name on the account, account type, routing number and account number;
- For PayPal, your address, email address, and payout currency; and
- For Payoneer prepaid debit cards, your address and Payoneer account information.
By agreeing to these Terms and Condition you as Host have consented to YFD Rental(YoungFunding) UK’s payment of the Accommodation Fees (less YFD Rental's Host Fees and any Taxes in respect of the Host Fees, such as VAT in Europe) to your chosen Payout Method. Hosts may change a Payout Method up to 1 day before the time agreed for payment as set out in Section 6.B. YFD Rental(YoungFunding) UK will be deemed to have received the Host's payment order to the Host on the same date YFD Rental(YoungFunding) UK agrees to initiate payment in accordance with Section 6.B.
YFD Rental(YoungFunding) UK will endeavor to ensure that Hosts based in the EEA will receive payment of Accommodation Fees (less YFD Rental's Host Fees and any Taxes in respect of the Host Fees, such as VAT in Europe) by the end of the business day following YFD Rental(YoungFunding) UK’s initiation of the payment.
Communication
YFD Rental(YoungFunding) will provide the Host notice via email when we initiate each payout transaction. We will also provide notice if the payout is returned to us because of an error. YFD Rental(YoungFunding) will use the email address related to your YFD Rental Account. It is your responsibility as a Host to ensure that you provide us with a current, accurate and valid email address.
Resolution Procedures for Diverted Payouts
If you as a Host believe that a payout properly due to you has been or may be diverted without your permission (“Diverted Payout”) because your password or other credentials to log into your YFD Rental Account (“Credentials”) are lost or stolen, you should notify YFD Rental(YoungFunding) UK pursuant to Section 34 immediately. As a Host you may be liable for losses relating to any Diverted Payout arising from the use of lost, stolen or misappropriated Credentials (including the loss of a mobile phone on which you have installed the Application) or where you have failed to keep your Credentials safe, up to a maximum of £50. Provided that you notify us of any Diverted Payout without delay and at the very latest within 13 months of the date of the payment, you may be entitled to a refund of that payment.
We will not be liable for any loss arising from: (i) Diverted Payouts where you acted fraudulently or where, with intent or gross negligence, you failed to use the Site, Application, Services and/or Payment Services in accordance with the YFD Rental Terms or these Terms and Condition (including the obligation to keep your Credentials safe); (ii) or any payout transaction which we facilitated in accordance with information provided by you where the information you provided was incorrect.
If you as Host claim not to have received a payout properly due to you via your chosen Payout Method, YFD Rental(YoungFunding) UK will (if requested) make immediate efforts to trace the payment and will notify you of the outcome. Unless we can prove that the payment was received by you via your chosen Payout Method, we will refund the amount.
Section 27, “Controlling Law and Jurisdiction”, shall be removed and replaced with the following:
Controlling Law and Jurisdiction
These Terms and Condition will be interpreted in accordance with English law. You and we agree to submit to the non-exclusive jurisdiction of the English courts for resolving any dispute between the parties. If YFD Rental(YoungFunding) UK wishes to enforce any of its rights against you, we may elect to do so in the English courts or in the courts of the jurisdiction in which you are resident.
Any complaints about the Payment Services should be made to YFD Rental(YoungFunding) UK pursuant to Section 34. Complaints that are made in accordance with this Section that relate to the provision of Payment Services by YFD Rental(YoungFunding) UK will be eligible for referral to the Financial Ombudsman and will be subject to the Rules of the Financial Ombudsman Service. The UK Financial Ombudsman Service offer a free complaints resolution service to individuals, micro-enterprises, small charities and trustees of small trusts. You can contact the UK Financial Ombudsman by telephone on: from inside the UK: 0300 123 9123 or 0800 023 4567; from other countries: +44 20 7964 0500 on Monday to Friday, 8am to 8pm and on Saturday 9am to 1pm or by post at South Quay Plaza, 183 Marsh Wall, London E14 9SR, or by email: enquiries@financial-ombudsman.org.uk. The UK Financial Ombudsman Service is also available in a number of different languages and if you need it you will be put in touch with a translator when you contact the UK Financial Ombudsman Service.
Brothers Bridge Technology Ltd.
Company Registration Number: 8091358
