Last Updated: January 2020
Introduction
This Agreement is entered into between you (the “Host") and VOYAJOY INC., a Delaware corporation (“VOYAJOY") under which VOYAJOY will provide certain services to Host with respect to the listing and rental of the Accommodation.
By accepting the terms hereof, Host acknowledges that it has read, understands, and agrees to comply with and be bound by VOYAJOY's Terms of Service (the "Terms"), as published from time to time at https://voyajoy.com and https://stays.voyajoy.com and into which this Agreement is incorporated.
Capitalized terms used in this Agreement but not defined herein have the meanings assigned to them in the Terms.
SAAS SERVICES AND SUPPORT
RESTRICTIONS AND RESPONSIBILITIES
CONFIDENTIALITY PROPRIETARY RIGHTS
PAYMENT OF FEES
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BOOKING AGENT SERVICES
Host hereby appoints VOYAJOY exclusive agent for obtaining bookings for Host’s Accommodation, including the following services (the "Services"):
OPTIMIZING PRICING
If Host permits VOYAJOY and if the service is available in the area, VOYAJOY may use its own and/or one or more third-party pricing programs to optimize revenues and occupancy of the Accommodation at no additional cost to Host.
INQUIRY AND RESERVATION MANAGEMENT
VOYAJOY will provide 24 x 7 handling of all inquiries, reservations, changes, cancellations, payments, security deposits, and refunds for Voyajoy-created listings of the Accommodation. VOYAJOY will notify Host of all bookings and cancellations, and Host will have access to a calendar with near-real-time availability.
GUEST SECTION
VOYAJOY will use available means to screen and vet guests to minimize undesirable incidents or damage to the Accommodation.
REVIEW MANAGEMENT
VOYAJOY will solicit positive 5-star reviews from guests of the Accommodation at the conclusion of their stay, unless otherwise unauthorized by Host on a per-booking basis.
BOOKING FEES AND GUARANTEED PAYMENTS
BOOKING FEE
If Host permits VOYAJOY and if the service is available in the area, VOYAJOY may use its own and/or one or more third-party pricing programs to optimize revenues and occupancy of the Accommodation at no additional cost to Host.
PAYMENTS TO HOST
In the event that VOYAJOY collects any rents and fees on behalf of the Host, VOYAJOY’s payout timing to Host will vary, in accordance with the policy of each individual booking platform’s policy. Unless otherwise agreed, VOYAJOY will initiate a payment to Host immediately after VOYAJOY has been paid by the booking platform. Payout options include ACH Transfer, Paypal, and Venmo.
CANCELLATION FEES
Host agrees to honor any VOYAJOY-confirmed booking that VOYAJOY has accepted on behalf of the Host. In the event that the Host insists VOYAJOY cancel any booking to which Host has already agreed, Host then agrees to reimburse VOYAJOY for any resulting cancellation fees.
HOST'S REPRESENTATIONS
HOST REPRESENTS AND WARRANTS THAT
In the instance that the Host and VOYAJOY arrive at the agreement that the Host's property requires new, professional photography to be competitive in the market, the Host will agree to the following terms:
HOST HEREBY ACKNOWLEDGES THAT VOYAJOY IS NOT A REAL ESTATE BROKER, REAL ESTATE AGENT, OR INSURER. VOYAJOY HAS NO CONTROL OVER THE CONDUCT OF GUESTS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
VOYAJOY RESPONSIBILITIES
OCCUPANCY
VOYAJOY shall use commercially reasonable efforts to keep the Accommodations occupied by soliciting, screening, and vetting guests for the Accommodations, unless Host requires each booking reservation be approved by Host. VOYAJOY will negotiate rental rates (within a range of rates approved by Host) and occupancy dates on behalf of Host. VOYAJOY may execute rental agreements on a form approved by Host.
COLLECTION OF RENTS AND OTHER RECEIPTS
With Host’s permission, VOYAJOY may in some instances collect monies, charges, and other amounts receivable on VOYAJOY’s account in connection with the management and operation of the Accommodations, including but not limited to rent. VOYAJOY shall maintain a deposit of all amounts collected in one or more accounts insured by the FDIC so that all funds are fully insured.
PETS AND SMOKING
Unless specifically allowed by Host, VOYAJOY shall notify guests that pets and smoking shall not be allowed onto the Property. If pets and smoking are specifically allowed by Host, VOYAJOY shall charge a non-refundable pet or airing-out-smoking fee of up to $100.00 to be retained by Host for the extra work involved in cleaning and other related services in conjunction with the pet(s).
HANDLING GUEST ISSUES
VOYAJOY will immediately forward to the Host any communications received from the guest during their stay, along with any replies and a description of steps taken by VOYAJOY to address any issues. Upon receipt of any questions or complaints, VOYAJOY will attempt to respond to or resolve such consistent with this agreement.
BOOKKEEPING
VOYAJOY shall keep accurate, timely, complete, and separate books and records with regard to the Host. These books and records shall show all income and expenditures, accounts payable, accounts receivable, cash, and any other assets or liabilities associated with the management of the Accommodations.
REMITTANCE TO HOST
As soon as reasonably possible once funds are no longer refundable to the guest under the Cancellation Policy, and assuming that the funds received from the guest are immediately available funds, VOYAJOY shall remit to Host the net proceeds as described in Section 2.2.
DAMAGES
Should VOYAJOY determine that a guest has damaged the Accommodations, or should Host give VOYAJOY timely notification that Host wishes to claim any security deposit placed by guest, VOYAJOY shall do so.
MAINTENANCE
VOYAJOY shall notify Host of any maintenance items that come to its attention. Attention to the maintenance items will be the responsibility of the Host, as provided in Section 5.2.
LIABILITY LIMITATION
Unless specifically allowed by Host, VOYAJOY shall notify guests that pets and smoking shall not be allowed onto the Property. If pets and smoking are specifically allowed by Host, VOYAJOY shall charge a non-refundable pet or airing-out-smoking fee of up to $100.00 to be retained by Host for the extra work involved in cleaning and other related services in conjunction with the pet(s).
WARRANTY AND DISCLAIMER
Voyajoy shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Professional Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Voyajoy or by third-party providers, or because of other causes beyond Voyajoy’s reasonable control, but Voyajoy shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, Voyajoy DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND PROFESSIONAL SERVICES ARE PROVIDED “AS IS” AND Voyajoy DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
HOST RESPONSIBILITIES
Once VOYAJOY has successfully booked a reservation for the Host, it is the Host’s responsibility to ensure that the guest enjoys a Satisfactory stay at the Accommodation. The Host shall be responsible for:
MANAGING HOUSEKEEPING
The Host will coordinate the schedules of housekeepers and ensure their timeliness and effectiveness in the performance of their duties.
MAINTAINING THE ACCOMMODATION
The Host shall promptly address any home maintenance issues, including repair of home fixtures or appliances and care of gardens, pools, and hot tubs.
COORDINATION CHECK-INS OR CHECK-OUTS
Beyond ensuring that the Host’s welcome letters are sent to guests, as requested by Host, VOYAJOY will not grant or deny permission for early check-in or late check-outs. VOYAJOY will refer all such requests to the Host.
AD VALOREM TAXES
In some cities, counties, and states, the booking platform will charge, collect, and remit ad valorem taxes to the proper authorities on behalf of the Host. In all other cases, the Host is responsible for staying abreast of all applicable tax laws and complying with them. VOYAJOY assumes no responsibility for a Host's compliance with any agreements with or duties to third parties or with compliance with applicable laws, rules, and regulations. In the event that any fees are charged to the listing due to Host's non-compliance of any kind. Host is solely responsible for the payment of those fees.
INCOME TAXES
Host shall be solely responsible for preparing Host’s own income tax return, duly reporting all income and expenses related to the rental of the Accommodations; and Host will be solely responsible for payment of any resulting income taxes. VOYAJOY is not responsible for advising Host with respect to taxes owed with regards to the Accommodations or any transactions contemplated by or facilitated by this Agreement.
LAWS AND REGULATIONS
Host shall be solely responsible for complying with all laws and regulations regarding the renting of the Accommodations to guests.
EVICTION
VOYAJOY shall not be responsible for evicting guests. Should any guest stay beyond the period agreed upon between VOYAJOY and the guest, VOYAJOY shall notify Host, and Host shall have sole responsibility with regards to evicting the guest and any expenses, losses, or damages associated with the guest’s stay beyond the contracted period or any eviction process.
CREDIT CARD AND BANK ACCOUNT ON FILE
Host shall maintain a current credit card or bank account information on file with VOYAJOY. Host hereby authorizes VOYAJOY to charge Host’s credit card or bank account for any amounts owed by Host to VOYAJOY under this Agreement that are not covered by the balance held by VOYAJOY.
INDEMNIFICATION
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- any damage to or destruction of any property by guests, any third party, or any terrorism, acts of nature, or acts of God
- any injury to or death of any person on or about the Accommodations from any cause whatsoever
- any error of judgment by Indemnitees or any mistake of law or fact by Indemnities, and
- to the extent not covered by insurance, any alleged violation of any law (statutory, common or otherwise) pertaining to the actions contemplated by this Agreement, including but not limited to environmental protection, rent control, taxes, fair housing, or any other such laws.
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TERM AND TERMINATION
TERM
This Agreement is effective from the first date the Host Services are used and will continue month to month, until terminated by either party in accordance with this Agreement.
TERMINATION BY NOTICE
UPON TERMINATION
MISCELLANEOUS
ENTIRE AGREEMENT
This Agreement, and the Terms into which this Agreement is incorporated set forth the entire agreement of the parties with respect to the subject matter hereof and supersedes all other oral or written representations, marketing information, and understandings.
WAIVER
If either party breaches any term of this Agreement and the other party decides to take no action or neglects to do so, then the respective party will still be entitled to take action and to enforce their rights and remedies for any other breach.
SEVERABILITY
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
RELATIONSHIP OF PARTIES
The parties are independent contractors under this Agreement and no other relationship is intended. Specifically, without limitation, there is to be no inference of a partnership, franchise, joint venture, agency, employer/employee, fiduciary, master/servant relationship, or other special relationship. Neither party shall act in a manner which expresses or implies a relationship other than that of independent contractor, nor to bind the other party. This Agreement establishes and constitutes only a Booking Services Agreement between the parties.
ASSIGNABILITY
Neither party shall directly or indirectly assign, sell, or otherwise transfer all or any part of the legal or beneficial interest or all or any part of the rights or obligations created by this Agreement without first obtaining the written approval of the other.
NOTICES
All notices, reports and statements required to be sent here under to either party by the other shall be mailed to the address set forth herein, sent to email addresses provided by the parties, or such other email address or mailing address as may be subsequently specified in writing.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.