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Payment Terms

Date of last update: 29/07/2021

These User Payment Terms of Service (“Payment Terms”) are a binding legal agreement between you and “EZ-CHECKIN Payments” governing the Payment Services (defined below) performed through or in connection with the EZ-CHECKIN Platform. When these Payment Terms mention “EZ-CHECKIN Payments”, “we”, “us” or “our”, it refers to the EZ-CHECKIN company and/or “EZ-CHECKIN Payments” which will be used interchangeably, and which is the one with which you contract the Payment Services.

“EZ-CHECKIN Payments” provides payment services to Members who post, offer and book Accommodations, Experiences or other Host Services, including other current and future services provided through the EZ-CHECKIN Platform. These paid services may include (if available) the following (collectively, “Paid Services”):

  • Collect payments from Guests (“Payment”), by charging the payment method associated with your EZ-CHECKIN account, such as credit card, debit card, bank account or PayPal account (“Payment Method”);
  • Make payments to Hosts (“cashing”) to a financial instrument associated with your EZ-CHECKIN account, such as a PayPal account, bank account, prepaid card or debit card (“Collection Method”);
  • Make payments to a Third Party Collection Method designated by a Host;
  • Collection or collection services; and
  • Other payment-related services in connection with the Host Services provided by the EZ-CHECKIN platform.
  • To use the Paid Services, you must be at least 18 years old, you must have one EZ-CHECKIN account up to date in accordance with the EZ-CHECKIN Terms of Service (“Terms”), and you must keep your personal and payment details accurate and complete.
  • Payment Services will be provided by the contracting entity according to your country of residence.

If you change your country of residence, the “EZ-CHECKIN Payments” entity with which you enter into the contract and the applicable version of the Payment Terms will be determined by your new country of residence (if any) from the date you change your country of residence. However, please note that the “EZ-CHECKIN Payments” entity you contract with will remain the same for all reservations made prior to your change of residence, even if there is no one in your new country of residence.

The Terms separately govern your use of the EZ-CHECKIN Platform. If an undfined term appears in these Payment Terms, it will have the same definition as in the Terms.

Table of Contents

  1. Your Use of the Payment Services
  2. Guest Terms
  3. Terms for Hosts.
  4. Appointment of “EZ-CHECKIN Payments” as a collection agent for limited payments, power of attorney for acts of administration and collection.
  5. General Terms
  6. Claims for damages and security deposits
  7. Abandoned property
  8. Prohibited activities
  9. Force majeure
  10. Limitations of Liability
  11. Responsibility
  12. Indemnity
  13. Modification, term, termination, termination and other measures
  14. Applicable law and dispute resolution.
  15. Agreements for the Resolution of Conflicts.
  16. General Provisions.
  17. How to contact “Pagos EZ-CHECKIN”
  1. YOUR USE OF PAYMENT SERVICES

1.1 Services of “EZ-CHECKIN Payments. By using the Paid Services, you agree to comply with these Payment Terms. “EZ-CHECKIN Payments” may temporarily limit or suspend your access to or use of the Paid Services, or their functions, to carry out maintenance measures to ensure the proper functioning of the Paid Services. “EZ-CHECKIN Payments” may improve and modify the Payment Services and introduce new Payment Services from time to time. “EZ-CHECKIN Payments” shall notify Members of any changes to the Payment Services, unless such changes do not materially increase Members’ contractual obligations or diminish Members’ rights under these Payment Terms.

1.2 Third Party Services. The Paid Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third Party Services are subject to different terms of service and privacy policies, and Members should review them. “EZ-CHECKIN Payments” is not responsible for the use of such Third Party Services. Links to Third Party Services are not an endorsement of “EZ-CHECKIN Payments” to those Third Party Services.

1.3 Your EZ-CHECKIN account. EZ-CHECKIN payments may enable features that allow you to authorize other members or third parties to perform certain actions that affect your EZ-CHECKIN account. You can authorize a third party to use your EZ-CHECKIN account if the feature is enabled for your EZ-CHECKIN account. You acknowledge and agree that any person you authorize to use your EZ-CHECKIN account may use the Payment Services on your behalf and that you will be responsible for payments made by such person.

1.4 Verification. You authorize “Pagos EZ-CHECKIN”, directly or through third parties, to make the inquiries we deem necessary to verify your identity. This may include but is not limited to: (i) comparing you to third-party databases or other sources, (ii) requesting reports from service providers, (iii) asking you to provide a form of government identification (e.g., driver’s license or passport, among others), your date of birth, your address, and other information; or (iv) require you to take steps to confirm ownership of your email address, Payment Method(s), or Method(s) of Collection. “EZ-CHECKIN Payments” reserves the right to cancel, suspend or limit access to the Payment Services in the event that we are unable to obtain or verify this information.

1.5 Additional Terms. Your access to or use of certain Paid Services may be subject to, or require you to agree to, additional terms and conditions. If there is a conflict between these Payment Terms and the terms and conditions applicable to a specific Paid Service, these latter terms and conditions shall prevail with respect to your use of or access to that Paid Service, unless otherwise specified.

  1. GUEST TERMS

2.1 Add a payment method. When you add a Payment Method to your EZ-CHECKIN platform account, you will be asked to provide billing information such as name, billing address, tax ID and financial instrument information to “EZ-CHECKIN Payments” or your third-party payment processors. You authorize “Pagos EZ-CHECKIN” and its payment service providers to collect and store your payment method information.

2.2 Verification of the payment method. When you add or use a new Payment Method, “EZ-CHECKIN Payments” may verify the Payment Method by (i) authorizing your Payment Method for one or two nominal amounts through a payment service provider and asking you to confirm those amounts, or (ii) requiring you to upload a billing and bank statement. “EZ-CHECKIN Payments” We may, and reserve the right to, initiate refunds of these amounts from your Payment Method. When you add a payment method during checkout, we will automatically save and add that payment method to your EZ-CHECKIN platform account so that it can be used in future transactions. You can remove the payment method from your EZ-CHECKIN platform account, as long as it is not associated with an active or future booking.

2.3 Payment Authorization. You allow “EZ-CHECKIN Payments” to upload to your Payment Method (including charging more than one payment method), either directly or indirectly, for all fees due (including applicable taxes) in connection with your EZ-CHECKIN platform account.

2.4 Automatic payment method update. If your Payment Method account information changes (e.g., account number, tracking number, expiration date) as a result of a new issuance or otherwise, we may acquire that information from our financial services partners or your bank and automatically update your Registered Payment Method.

2.5 Time or Term of Payment. “EZ-CHECKIN Payments” usually charges the full price due after the host accepts your booking request. However, if you pay with a push payment method (such as Sofort) in the event that this payment method is available in the country, “EZ-CHECKIN Payments” will charge the full price due at the time of your booking request or after the Host accepts your booking request. “EZ-CHECKIN Payments” may offer alternative options for the time and method of payment. Any additional fees for using those alternative payment options will be displayed through the EZ-CHECKIN Platform and included in the Total Price, and you agree to pay such fees by selecting a different currency or payment method. Additional terms and conditions may apply for the use of an alternative payment option. If “EZ-CHECKIN Payments” is unable to collect the Total Price due, as scheduled, “EZ-CHECKIN Payments” will collect the Total Price due at a later time in accordance with Section 5.3 of these Terms of Service, once the payment of the requested reservation has been successfully completed, you will receive a confirmation email.

2.6 Currency. “EZ-CHECKIN Payments” will process each transaction in the currency you select through the EZ-CHECKIN platform. The currencies available to make payments may be limited for regulatory or regulatory or operational reasons depending on factors such as the selected Payment Method, your country of residence and/or the contracting entities of “EZ-CHECKIN Payments”. Any of these limitations will be communicated through the EZ-CHECKIN platform and you will be asked to select a different currency or payment method. Please note that if the location of the “EZ-CHECKIN Payments” contracting entity is different from the country of your Payment Method, or if the selected currency is different from the billing currency of your Payment Method, your payment may be processed outside of your country of residence. As a result, certain fees may apply and the amount listed on your card statement may be different from the amount shown at checkout. For example, if you make a reservation with a card issued in the U.S., but select the EURO as the currency, your payment may be processed outside the U.S., and banks and credit card companies may impose international transaction fees and currency exchange fees. In addition, if you choose to pay in a currency other than the billing currency of your Payment Method, your bank or credit card company may convert the payment amount to your billing currency associated with your Payment Method, based on the exchange rate and fee amount determined solely by your bank. “Pagos EZ-CHECKIN” is not responsible for such fees and disclaims all responsibility in this regard. Please contact your bank or credit card company if you have any questions about these charges or the applicable exchange rate.

2.7 Status of the booking request. If a requested reservation is rejected, either because the Host does not accept it or because you cancel the reservation request before the Host accepts it, you will be refunded the amounts collected by “EZ-CHECKIN Payments” and any pre-authorization of your Payment Method will be published (if applicable). The time to receive the refund or for the prior authorization to be released will vary depending on the payment method and any applicable payment system (e.g. Visa, MasterCard, etc.).

2.8 Payment Restrictions. “EZ-CHECKIN Payments” reserves the right to refuse or limit payments that we believe may (i) violate the risk management policies or procedures of “EZ-CHECKIN Payments”, (ii) may violate these Payment Terms or the Terms, (iii) are unauthorized, fraudulent or illegal; or (iv) expose you, EZ-CHECKIN, “EZ-CHECKIN Payments” or others to risks unacceptable to EZ-CHECKIN Payments.

2.9 Payment Service Providers. Payment methods may involve the use of third-party payment service providers. These payment service providers may charge you additional fees or commissions when processing payments in connection with the Payment Services, and “EZ-CHECKIN Payments” is not responsible for such fees and you disclaim all liability in this regard. Your payment method may also be subject to additional terms and conditions of use. Please review them before using your payment method.

2.10 Your payment method is your responsibility. “EZ-CHECKIN Payments” is not responsible for any loss suffered by you as a result of incorrect information about the Payment Method you have provided, and you release “EZ-CHECKIN Payments” from liability.

2.11 Different forms of payment

2.11.1 Payment plan

2.11.1.1 “EZ-CHECKIN Payments” may make available to Guests the option to pay a portion of the Total Reservation Price at the time of booking and pay the remainder of the Total Price at a later time, prior to arrival (“Payment Plan”). The availability of this option may depend on the listing, listing and/or Payment Method.

2.11.1.2 If you choose a Payment Plan, the EZ-CHECKIN Platform will notify you during the payment process of the amount, currency and schedule of each payment of what is due. On the next payment due date, “Pagos EZ-CHECKIN” will automatically charge and collect the original payment method you used to make the reservation.

2.11.1.3 If you make a modification to a booking made with a Payment Plan, “EZ-CHECKIN Payments” will inform you of the new revised payment schedule, as applicable. If the modification increases your Total Price, you may be required to make an additional partial payment of the new Total Price at the time of the modification.

2.11.1.4 You agree that by selecting a Payment Plan, you may not be able to pay for the booking with a different Payment Method or according to a different payment schedule.

2.11.1.5 If “EZ-CHECKIN Payments” is unable to collect your payment, “EZ-CHECKIN Payments” will notify you that such payment was declined and will require you to complete the payment using an Alternative Payment Method within 72 hours of notification. If you do not complete the payment, you authorize EZ-CHECKIN to cancel the reservation on your behalf. If the reservation is cancelled, you will be refunded according to the Host’s cancellation policy. You acknowledge that you may incur cancellation fees in accordance with the Host’s cancellation policy.

2.11.2 Recurring payments

2.11.2.1 For certain reservations (such as accommodation reservations of twenty-eight (28) nights or more), “EZ-CHECKIN Payments” may require and require a guest to make recurring periodic progressive or incremental payments until the full price due is completed (“periodic payments”). More information on periodic payments (including the amount and frequency of payments) will be provided through the EZ-CHECKIN platform, if applicable to a reservation.

2.11.2.2 If Periodic Payments apply to a confirmed booking, the Guest authorises “EZ-CHECKIN Payments” to collect the full Price due.

2.11.2.3 Guests may stop a Periodic Payment by notifying “EZ-CHECKIN Payments” verbally or in writing at least three (3) business days prior to the scheduled date of payment. “EZ-CHECKIN Payments” may require you to provide written confirmation of a suspension of payment order within fourteen (14) days of verbal notice. If you do not provide written confirmation within those fourteen (14) days, EZ-CHECKIN Payments is not required to comply with your request to stop future Recurring Payments. If you have any questions about your Recurring Payments, please contact “EZ-CHECKIN Payments”.

  1. TERMS FOR HOSTS.

3.1 Collection of payments. Generally “EZ-CHECKIN Payments” charge the full price of a reservation at the time the host accepts the guest’s reservation request, unless otherwise stated.

3.2 Add a collection method. To receive a charge, you must have a valid collection method linked to your EZ-CHECKIN account. When you add a collection method to your EZ-CHECKIN account, you will be asked to provide billing information, such as name, government ID, tax ID, billing address, and financial instrument information, either to “EZ-CHECKIN Payments” or to your third-party payment processors. Depending on the collection method selected, additional information may be required, such as: residential address, account name, account type, routing number, account number, email address, payment currency, identification number, and account information associated with a particular payment processor. You authorize “Pagos EZ-CHECKIN” to collect and store your billing information and the information of your financial instruments. “EZ-CHECKIN Payments” may also share your information with government authorities as required by applicable law.

3.3 Collection Period

3.3.1 Subject to and conditioned upon successful receipt of payments from the Guest or guest, “EZ-CHECKIN Payments” will generally initiate charges to your selected Collection Method: (i) for Accommodation; (ii) for Experiences; and (iii) for all other Host Services, at the time specified through the EZ-CHECKIN Platform. All charges made by “EZ-CHECKIN Payments” to guests or guests for the services provided by the host, will be paid to the Host by “EZ-CHECKIN Payments” on the first day of the following month to which they were received, once the corresponding commissions and outstanding debts in favor of EZ-CHECKIN have been deducted from the total amount by EZ-CHECKIN.

3.3.2 “EZ-CHECKIN Payments” may offer you a different collection time or activate the issuance of the payment, which may be subject to additional terms and conditions. Such collection schedule may be updated once the Host meets certain eligibility criteria. The time it takes to receive collections once issued by “Pagos EZ-CHECKIN” may depend on the collection method you have selected.

3.4 Collection. Your charge for a reservation will be the total price minus applicable fees such as EZ-CHECKIN service fees and applicable taxes. In case of cancellation of a confirmed reservation, “Pagos EZ-CHECKIN” will remit the amount due (if applicable) as provided in the Terms and the applicable cancellation policy.

3.5 Collection Restrictions. “EZ-CHECKIN Payments” may temporarily withhold, suspend or cancel any collection in order to prevent illegal activities or fraud, risk assessment, security or complete an investigation; or if we are unable to verify your identity. In addition, “EZ-CHECKIN Payments” may temporarily withhold, suspend or delay the initiation or processing of any Charge owed to You under the Terms as a result of a large volume of cancellations or modifications of Reservations resulting from a Force Majeure Event (as defined below).

3.6 Currency Conversion. “EZ-CHECKIN Payments” will send your Collections in the currency you have selected through the EZ-CHECKIN Platform. Available currencies may be limited for regulatory, regulatory or operational reasons based on factors such as the collection method you selected, your country of residence and/or EZ-CHECKIN’s contracting entities. Any of these limitations will be communicated through the EZ-CHECKIN platform and you will be asked to select a different Currency or Collection Method. Please note that payment service providers may impose transaction fees, currency conversion or other fees or commissions depending on the currency or Collection Method you select, and “EZ-CHECKIN Payments” is not responsible for such fees, commissions, and is exempt from all liability in this regard.

3.7 Collection Limits. For operational, regulatory or legal compliance reasons, “EZ-CHECKIN Payments” may limit the amount of a Collection. If you are owed an amount in addition to that limit, “EZ-CHECKIN Payments” may make a series of Collections (possibly over several days) to provide the full amount of your Collection.

3.8 Payment Service Providers. Collection Methods may involve the use of third-party payment service providers. These payment service providers may charge you additional fees or commissions when processing Charges related to the Payment Services (including the deduction of charges from the Charge Amount), and “EZ-CHECKIN Payments” shall not be liable for such fees or commissions, and you are relieved of all liability in this regard. Your Collection Method may also be subject to additional terms and conditions of use. Please review them before using your Collection Method.

3.9 Fund Management. “EZ-CHECKIN Payments” may combine the amounts it charges from Guests or hosts and invest them as permitted by applicable laws. “Pagos EZ-CHECKIN” will retain the interest you earn on those investments.

3.10 Your Collection Method is your responsibility. “EZ-CHECKIN Payments” is not responsible for any loss suffered by you as a result of incorrect Collection Method information provided by you.

3.11 Different ways to receive payments

3.11.1 Shared charges

If you provide Host Services jointly with one or more Hosts as part of a team, company or other organization (“Host Team”), “EZ-CHECKIN” may make available to such Hosts the option to distribute to members of the Host Team the full charge due to a Host for a reservation. “EZ-CHECKIN Payments” will make such payments following the instructions of one or more members of the Host Team and shall not be liable for any loss suffered due to errors or omissions committed by the Hosts in providing such payment instructions.

  1. APPOINTMENT OF “EZ-CHECKIN PAYMENTS” AS A COLLECTION AGENT FOR LIMITED PAYMENTS, POWER OF ATTORNEY FOR ACTS OF ADMINISTRATION AND COLLECTION.

4.1 Each Host, including each member of the Host Team, hereby designates and grants a power of attorney for acts of administration and collection to “EZ-CHECKIN Payments” as the Host’s payment collection agent solely for the limited purpose of accepting and processing funds from Guests or guests purchasing Host Services on behalf of the Host.

4.2 Each Host, including each member of the Host Team, agrees that payment made by a Guest or guest through “EZ-CHECKIN Payments” shall be considered the same as a payment made directly to the Host, and the Host shall provide the Host Services booked by the Guest or guest as agreed as if such Host had received payment directly from the Guest or Guest. Each Host agrees that without prior notice “EZ-CHECKIN Payments” may refund the Guest or Guest in accordance with the Terms. Each Host understands that the obligation of “EZ-CHECKIN Payments” to pay the Host is subject to and conditioned upon the successful receipt of the associated payments by the Guest or guest. “EZ-CHECKIN Payments” guarantees payments to Hosts only for amounts that have been successfully received by “EZ-CHECKIN Payments” from Guests or guests in accordance with these Payment Terms. By accepting the appointment as the Host’s limited payment collection agent, “EZ-CHECKIN Payments” assumes no responsibility and is exonerated for the Host’s acts or omissions.

4.3 Each Guest acknowledges and agrees that, notwithstanding the fact that “EZ-CHECKIN Payments” is not a party to the agreement between you and the Host(s), including each member of the Host Team, “EZ-CHECKIN Payments” acts as each Host’s collection agent for the limited purpose of accepting payments from you on behalf of the Hosts. Upon payment of the funds by a Guest or guest to “EZ-CHECKIN Payments”, the Guest’s payment obligation to the Host(s) for the agreed amount is extinguished, and “EZ-CHECKIN Payments” is responsible for remitting the funds successfully received by “EZ-CHECKIN Payments” to the Host(s) in the manner described in these Payment Terms. In the event that “EZ-CHECKIN Payments” does not remit such amounts, the Host(s) will only have recourse against “EZ-CHECKIN Payments” and not directly against the Guest or guest.

  1. GENERAL TERMS

5.1 RATES. “EZ-CHECKIN Payments” may charge fees for the use of certain Payment Services and the applicable fees will be reported to you in the Terms or through the EZ-CHECKIN Platform.

5.2 PAYMENT AUTHORIZATIONS. You authorize “EZ-CHECKIN Payments” to collect from you the amounts due pursuant to these Payment Terms and/or the Terms by (i)collecting the Payment Method associated with the applicable reservation, or any other registered Payment Method that you authorize in your EZ-CHECKIN account (unless you have previously removed the authorization to collect such Payment Method(s)), or (ii) withholding the amount of your future Payment. Specifically, you authorize “Pagos EZ-CHECKIN” to charge you:

  • Any amount owed to EZ-CHECKIN or “EZ-CHECKIN Payments” (e.g., as a result of your reservations, Booking Modifications, cancellations or other actions as a Guest, Host or user of the EZ-CHECKIN Platform), including the refund of amounts paid in advance by EZ-CHECKIN or “EZ-CHECKIN Payments” on your behalf. All funds or amounts raised by “EZ-CHECKIN Payments” will offset the amount owed by you to EZ-CHECKIN or “EZ-CHECKIN Payments” and will extinguish your obligation to EZ-CHECKIN or “EZ-CHECKIN Payments”.
  • Any amount owed to a Host by a Guest that EZ-CHECKIN collects as the Host’s payment collection agent, as set forth in Section 4 above.
  • Taxes, where applicable and as set forth in the Terms.
  • Any amount you pay through the Resolution Center in connection with your EZ-CHECKIN account.
  • Fines or Penalties for overstay payable under the Terms, including costs and expenses incurred to collect the excess stay penalty.
  • Any service fees or cancellation fees imposed in accordance with the Terms (for example, if as a Host, you cancel a confirmed booking).
  • Any amount or amount that has already been paid to you as a Host despite a Guest canceling a confirmed reservation or EZ-CHECKIN deciding that it is necessary to cancel a reservation in accordance with the Terms, Guest Refund Policy, Experiences Guest Refund Policy, Extenuating or Force Majeure Circumstances Policy or other applicable cancellation policies. You agree that, in the event that it has already been paid to you, “EZ-CHECKIN Payments” shall be entitled to recover the amount of such guest or guest refund, including by subtracting such refund amount from any future Charges owed to you.

In addition to any amounts due as described above, if there are outstanding amounts or chargebacks associated with your Payment Method, you may be charged ancillary fees or commissions that are incidental to the collection of “EZ-CHECKIN Payments” from these delinquent amounts and chargebacks. Such fees or charges may include fees or charges, convenience fees or commissions or other charges, commissions or fees from third parties.

5.3 COLLECTION

5.3.1 If “EZ-CHECKIN Payments” is unable to collect the amounts you owe under these Payment Terms and Conditions, “EZ-CHECKIN Payments” may make collection efforts and procedures to recover such amounts from you.

5.3.2 “EZ-CHECKIN Payments” shall consider any amount due to be outstanding when: (a) for authorized charges, and one hundred and twenty (120) days have elapsed after “EZ-CHECKIN Payments” first attempted to collect your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings of a Host’s future Collections, two hundred and seventy (270) days have elapsed after the adjustment has been made to the Host’s EZ-CHECKIN account or the associated services have been provided, whichever is later.

5.3.3 “EZ-CHECKIN Payments” will consider uncollected amounts to be due when three hundred and sixty-five (365) days have elapsed: (a) for authorized charges, after “EZ-CHECKIN Payments” first attempts to collect your Payment Method or associated services. have been provided, whichever comes later; and (b) for withholdings of a Host’s future collections, after the adjustment has been made to the Host’s EZ-CHECKIN account or associated services have been provided, whichever is later.

5.3.4 You hereby explicitly agree that all communications in relation to amounts due will be made by email or telephone, as provided to EZ-CHECKIN and/or “EZ-CHECKIN Payments”. These communications may be made by EZ-CHECKIN, “EZ-CHECKIN Payments” or by any person on their behalf, including, but not added, a third-party collection agent.

5.4 PAYMENT PROCESSING ERRORS

5.4.1 EZ-CHECKIN Payments will take the necessary steps to rectify any payment processing errors of which we become aware. These steps may include crediting or debiting (as applicable) the original Collection Method or payment Method used or selected by you, so that you end up receiving or paying the correct amount. This can be done by “EZ-CHECKIN Payments” or a third party, such as your financial institution. We may also take steps to recover funds that were sent to you in error (including, but not limited to, a case of duplicate payments made to you due to a processing error), reducing, offsetting and/or debiting the amount of such funds from any future Collections owed to you.

5.4.2 To the extent that you receive funds in error, you agree to immediately return such funds to “EZ-CHECKIN Payments”, without prior requirement.

5.5 REFUNDS

5.5.1 Any refund or amount due to a Member pursuant to the Terms, the Mitigating Circumstances or Force Majeure Policy, the Guest Refund Policy and the Experiences Guest Refund Policy will be initiated and forwarded by “EZ-CHECKIN Payments” in accordance with these Payment Terms.

5.5.2 Subject to this Section 5.5.2, EZ-CHECKIN Payments will process refunds immediately; however, the time to receive any refund will depend on the Payment Method and any applicable payment system (e.g. Visa, Mastercard, etc.). In the event of a force majeure event that may affect the processing and settlement of refunds, EZ-CHECKIN Payments will initiate and process the refund as soon as possible.

  1. CLAIMS FOR DAMAGES AND SECURITY DEPOSITS

6.1 If, as a Guest or Guest ,(i) you agree to pay the Host in connection with a Claim for Damages, or (ii) EZ-CHECKIN determines that you are responsible for damaging any real property or personal property of a Listing in accordance with the Terms, you authorize “EZ-CHECKIN Payments” to make the corresponding charge and collect through the Payment Method used to make the reservation in order to collect any security deposit associated with the Listing, as well as any fees, costs and/or expenses associated with the Damage Claim. If “EZ-CHECKIN Payments” is unable to collect through the payment method used to make the reservation, you agree that EZ-CHECKIN Payments may charge any other payment method registered to your EZ-CHECKIN account at the time of the claim for damages (unless you have previously removed the authorization to collect such payment methods).

6.2 You agree that EZ-CHECKIN and “EZ-CHECKIN Payments” may seek recovery from you under any insurance policy you maintain and that “EZ-CHECKIN Payments” and EZ-CHECKIN may also pursue against you any remedies you may have available, including but not limited to, but not limited to, and in connection with payment requests made by Hosts. under the EZ-CHECKIN Host Guarantee.

  1. ABANDONED PROPERTY

If “EZ-CHECKIN Payments” retains funds owed to you (e.g., because we are unable to issue a Charge or Refund) or if you do not use a gift card or gift credit during the relevant time period set forth by your state, country or other governing body in your unclaimed property laws, we may process the funds owed to you in accordance with our legal obligations, including reporting and withholding (sending) such funds to the appropriate governing body as required by applicable unclaimed property laws.

  1. PROHIBITED ACTIVITIES

8.1 You are solely responsible for compliance with any and all laws, rules, regulations and tax obligations that may apply to your use of the Paid Services. In connection with your use of the Paid Services, you may not and agree that you will not help or allow others to:

  • violate or circumvent any applicable law or regulation; including, but not limited to, the Federal Law for the Prevention and Identification of Operations with Resources of Illicit Origin, and the Law of Extinction of Domain.
  • violate or circumvent any third party agreement, third party rights or the Terms, Policies or Standards;
  • use the Payment Services for commercial or other purposes not expressly permitted by these Payment Terms;
  • register or use any Payment Method or Collection Method with your EZ-CHECKIN account that is not yours or that you are not authorized to use;
  • avoid, omit, delete, deactivate, alter, decrypt or circumvent any technological measure implemented by EZ-CHECKIN Pagos or any of the providers of EZ-CHECKIN Pagos or any other third party to protect the Payment Services;
  • take any action that adversely damages or affects, or may adversely damage or affect, the performance or proper functioning of the Payment and Collection Services;
  • attempt to decipher, decompile, disassemble or reverse engineer any software used to provide the Paid Services; or
  • violate or infringe the rights of EZ-CHECKIN or “Payment EZ-CHECKIN”, or of another person or cause harm to someone.

8.2 You may not use or assist others in using the Payment Services to send or receive funds: (i) to any country embargoed by the United States or Mexico; or (ii) to any person included in the list of specially designated citizens of the U.S. Department of the Treasury or the Ministry of Finance and Public Credit in Mexico or the Tax Administration Service in Mexico or in the list of denied persons or list of entities of the U.S. Department of Commerce or its similar government entity in Mexico, Secretariat of Economy in Mexico. You represent and warrant that: (i) neither you nor your Host Services are located or take place in a country that is subject to a U.S. government or Mexican Government embargo, or that has been designated by the U.S. government or the Government of Mexico as a “terrorist support” country; and (ii) is not on any U.S. government or Mexican government list of prohibited or restricted parties; as well as the same entities and their peers in the United Mexican States. In addition to complying with the above, you must also comply, where appropriate, with the relevant export control laws in your local jurisdiction.

  1. FORCE MAJEURE

“EZ-CHECKIN Payments” shall not be liable for any delay or breach of any obligation under these Payment Terms resulting from causes beyond the reasonable control of EZ-CHECKIN or “EZ-CHECKIN Payments”, including, but not limitation, fortuitous events, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, pandemics, epidemics or diseases, strikes or shortages of means of transportation, fuel, energy, labor or materials (“Force Majeure Event”).

  1. LIMITATIONS OF LIABILITY

10.1 If you choose to use the Paid Services, you do so voluntarily and at your own risk. To the maximum extent permitted by law, the Paid Services are provided “as is” without warranty of any kind, either express or implied.

10.2 Without prejudice to the appointment of “EZ-CHECKIN Payments” as an agent for acts of administration and collection, and as a limited payment collection agent of the Hosts in accordance with Section 4, “EZ-CHECKIN Payments” is expressly and tacitly released from any liability for any act or omission of any Member or other third party. “Payments EZ-CHECKIN” has no duty or obligation as an agent to each Host, except to the extent expressly set forth in these Payment Terms, and any additional duty or obligation that may be implied by law, to the maximum extent permitted by applicable law, expressly. barred.

10.3 If we choose to conduct an identity verification on any Member, to the extent permitted by applicable law, no warranty of any kind, either express or implied, is provided that such verifications will identify prior misconduct by a Member or ensure that a Member will not engage in future misconduct.

10.4 The above limitations and exemptions apply to the fullest extent permitted by law. You may have other legal rights or warranties that cannot be excluded. However, the duration of any warranty required by law shall be limited to the maximum (if any) permitted by law.

  1. RESPONSIBILITY

11.1 Except as provided in Section 11.2, you acknowledge and agree that, to the maximum extent permitted by law, all risk arising from your access to and use of the Paid Services remains with you. If you allow or authorize another person to use your EZ-CHECKIN account in any way, you are responsible for the actions that person takes. Neither “EZ-CHECKIN Payments” nor any other party involved in the creation, production or delivery of the Paid Services shall 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 damage to personal or bodily injury or emotional distress arising out of or in connection with (i) these Payment Terms, (ii) the use of or inability to use the Payment Services, or (iii) any communication, interaction or meeting with other Members or other persons with whom you communicate, interacts, transacts or meets as a result of your use of the Payment or Collection Services, whether by warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not “EZ-CHECKIN Payments” has been advised of the possibility of such damage, even if a limited remedy set forth herein is found to have failed in its essential purpose; except for our obligations to pay amounts to the applicable Hosts pursuant to these Payment Terms or an approved payment request under the EZ-CHECKIN Platform Host Guarantee, in no event shall the total liability for “EZ-CHECKIN Payments” arising out of or in connection with these Payment Terms and your use of the Payment Services, including, without limitation, the use of or inability to use the Payment Services, exceed (i) the amounts you have paid or owe for bookings through the EZ-CHECKIN Platform as a Guest or Guest in the twelve (12) month period preceding the event that gave rise to the liability, or if you are a Host, the amounts paid for “EZ-CHECKIN Payments” to you in the twelve (12) month period prior to the event that gave rise to the liability, or (ii) one hundred U.S. dollars ($100 USD), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the deal between “EZ-CHECKIN Payments” 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. If you reside outside of the Mexican Republic, This does not affect the liability of “Pagos EZ-CHECKIN” for death or personal injury arising from the negligence of this, nor for fraudulent or misrepresentation, falsehood or misrepresentation on a fundamental matter or any other liability that cannot be excluded or limited under applicable law.

11.2 “Payments EZ-CHECKIN” is responsible for any negligent breach of our essential contractual obligations by us, our legal representatives, directors or other vicarious agents; such liability is limited to foreseeable damages that normally occur. The essential contractual obligations are the obligations of “EZ-CHECKIN Payments” in the proper fulfillment of which you regularly rely and must rely on for the correct execution of the contract. Any additional liability of “EZ-CHECKIN Payments” is excluded to the maximum extent permitted by applicable law.

  1. INDEMNITY

To the maximum extent permitted by applicable law, you agree to release, release, defend (at the option of “EZ-CHECKIN Payments”), indemnify and hold harmless EZ-CHECKIN, “EZ-CHECKIN Payments” and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including, but not limited to, reasonable legal and accounting fees, arising out of or in any way related to (i) your breach of these Payment Terms; (ii) your misuse of the Payment Services; (iii) your failure, or our failure under your instructions, to accurately report, collect or remit taxes; or (iv) your breach of any law, regulation or third party rights.

  1. MODIFICATION, TERM, TERMINATION, TERMINATION AND OTHER MEASURES

13.1 Modification. Unless otherwise required by applicable law, “EZ-CHECKIN Payments” may modify these Payment Terms at any time. If we make material changes to these Payment Terms, we will post the revised Payment Terms on the EZ-CHECKIN Platform and update the “Last Updated” date at the top of these Payment Terms. If you are affected by the modification, we will also notify you of the modifications at least thirty (30) days before the date they become effective. If you do not terminate your agreement before the date the revised Payment Terms become effective, your continued use of the Payment Services will constitute acceptance of any changes to the revised Payment Terms.

13.2 Term. This agreement between you and “EZ-CHECKIN Payments” reflected in these Payment Terms becomes effective when you create an EZ-CHECKIN account or use the Payment Services and remains in effect until you or we terminate this agreement in accordance with Section 13.3.

13.3 Termination. You may terminate this agreement at any time by sending us an email or deleting your EZ-CHECKIN account. Termination of this agreement will also serve as notice to terminate your EZ-CHECKIN account in accordance with the Terms. Without limiting our rights specified below, EZ-CHECKIN and “EZ-CHECKIN Payments” may terminate this agreement for convenience at any time by notifying you thirty (30) days in advance by email to your registered email address. “EZ-CHECKIN Payments” may also terminate this agreement immediately without notice if (i) you have materially breached your obligations under this agreement; (ii) you have provided inaccurate, fraudulent, outdated or incomplete information; (iii) you have violated applicable laws, regulations or rights of third parties; or (iv) “EZ-CHECKIN Payments” believes in good faith that such action is reasonably necessary to protect other Members, EZ-CHECKIN, “EZ-CHECKIN Payments” or third parties.

13.4 Suspension and Other Measures. “EZ-CHECKIN Payments” may temporarily or permanently limit or suspend your use of or access to the Payment Services (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, (ii) if you have breached these Payment Terms, the Terms, applicable laws, regulations or the rights of third parties, (iii) if you have provided inaccurate, fraudulent, outdated or incomplete information with respect to a Payment Method or Payment Method, (iv) for any amounts due under these Payment Terms that are due or in arrears, or (v) if “EZ-CHECKIN Payments” believes in good faith that such action is reasonably necessary to protect the personal safety or property of EZ-CHECKIN, its Members, “EZ-CHECKIN Payments” or third parties, or to prevent fraud or other illegal activities. In addition, for failed payments due to card expiration, insufficient funds, or otherwise, we may temporarily suspend your access to the Payment Services until we can charge a valid Payment Method.

13.5 Appeal. If “EZ-CHECKIN Payments” takes any of the measures described in Section 13.3 and 13.4, you may appeal that decision by contacting customer service.

13.6 Effect of Termination or Termination. If you cancel your EZ-CHECKIN account as a Host or “EZ-CHECKIN Payments” you take any of the measures described above, “EZ-CHECKIN Payments” may provide a full refund to any Guest or Guest with confirmed booking(s), and you will not be entitled to any compensation for pending or confirmed cancelled bookings. If you cancel your EZ-CHECKIN account as a guest, “EZ-CHECKIN Payments” will initiate a refund for any confirmed bookings under the Listing’s cancellation policy. If your access to or use of the Paid Services has been suspended or limited or this agreement has been terminated by us, you may not register a new EZ-CHECKIN account or attempt to access and use the Paid Services through another Member’s EZ-CHECKIN account.

13.7 Survival. Sections 5 through 20 of these Payment Terms shall survive the termination or expiration of this agreement.

 

  1. APPLICABLE LAW AND DISPUTE RESOLUTION

14.1 If you have a contract with EZ-CHECKIN and “EZ-CHECKIN Payments”, these Payment Terms will be interpreted in accordance with the laws of the Mexican Republic, without regard to conflict of law provisions. Legal proceedings (other than small claims actions) that are excluded from the Dispute Resolution Agreement in Section 15 may be initiated in a state or federal court in the City of Playas de Rosarito, Baja California, waiving any other present or future jurisdiction applicable to them in connection with your domicile. Both you and we accept personal place and jurisdiction in Playas de Rosarito, Baja California.

  1. AGREEMENTS FOR THE RESOLUTION OF CONFLICTS.

15.1 Application. This Agreement for the resolution of conflicts applies to all conflicts and disputes that arise and that are not considered cases of minor claims and can be resolved with out-of-court agreements for the resolution of the same, through negotiation, and for which various meetings will be held at the offices of EZ-CHECKIN for the resolution of the conflict or dispute, obliging in this act both parties to participate, and in the case of the Host and the Guest, guest or consumer, both participate personally and directly and not through a legal representative or representative.

15.2 Overview of the Dispute Resolution Process. EZ-CHECKIN and “EZ-CHECKIN Payments” and the host and guest, guest or consumer, agree to participate in an amicable dispute resolution process. To that end, these Terms establish a two-part process for persons to whom this Section 15 applies: (1) an informal negotiation directly with EZ-CHECKIN’s customer service team (described in paragraph 15.3 below), and if necessary (2) a meeting with EZ-CHECKIN’s Legal Representative or Legal Department and/or “EZ-CHECKIN Payments”. Both you and EZ-CHECKIN and/or “EZ-CHECKIN Payments” retain the right to seek relief in court as an alternative.

15.3 Mandatory Notice and Resolution of Disputes Before Going to Court. At least 30 days before initiating a lawsuit in court, you and EZ-CHECKIN and/or “EZ-CHECKIN Payments” agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to EZ-CHECKIN and/or “EZ-CHECKIN Payments” by presenting it in person to the agent of EZ-CHECKIN and/or “EZ-CHECKIN Payments”, located at Calle _____________, of the City Colonia________________ of ___________________, C.P. _____, Teléfono___________________, Correo Electrónico____________________________. EZ-CHECKIN and/or “EZ-CHECKIN Payments” will send your dispute notice to the email address associated with your EZ-CHECKIN account. A notice of dispute should include: the name of the party and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then can either party comend a written Civil Claim before the courts previously designated in section 14.1.

15.4 Dispute Settlement Agreement. You and EZ-CHECKIN and/or “EZ-CHECKIN Payments” mutually agree that any dispute, claim or controversy arising out of or relating to these Payment Terms or the applicability, breach, termination, validity, execution or interpretation thereof, or any use of the Payment Services (collectively, “Disputes”) will be resolved by out-of-court settlements and if it is not possible to reach an agreement, it will be brought before the courts previously mentioned in section 14.1.

It is also an exception to the previous paragraph, and will be taken before the courts: (i) any claim or cause of action seeking emergency precautionary measures based on pressing circumstances (for example, imminent danger or commission of a crime, hacking, cyber attack); or (ii) a request for public injunctive measures.

15.5 Absence of class actions or representative proceedings. You and EZ-CHECKIN and/or “EZ-CHECKIN Payments” acknowledge and agree that, to the fullest extent permitted by law, each of us waives the right to participate as a plaintiff or class member in any purest class action trial, class arbitration, private general counsel class action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate the claims of more than one party and may not preside over any class or representative proceeding. If there is a final judicial determination that applicable law precludes the enforcement of the waiver contained in this paragraph as to any claim, cause of action, or remedy sought, then that claim, cause of action, or remedy requested, and only that claim, cause of action, or remedy requested, shall be set aside from this agreement and shall be brought in a court of competent jurisdiction. In the event that a claim, cause of action or remedy sought is discontinued pursuant to this paragraph, then you and we agree that claims, causes of action or remedies requested that are not subject to out-of-court settlement shall be suspended until all claims, causes of action and remedies requested are resolved by out-of-court or by a judge.

  1. GENERAL PROVISIONS

16.1 Interpretation of these Payment Terms. Except as may be supplemented by additional terms and conditions, policies, guidelines or standards, these Payment Terms constitute the entire agreement between EZ-CHECKIN and/or “EZ-CHECKIN Payments” and you with respect to the subject matter thereof, and supersede any and all prior oral or written agreements or agreements between EZ-CHECKIN and/or “EZ-CHECKIN Payments” and you with respect to the Payment Services. If any provision of these Payment Terms is held to be invalid or unenforceable, such provision shall be voided and shall not affect the validity and enforceability of the remaining provisions.

16.2 No Waiver. The failure of EZ-CHECKIN and/or “EZ-CHECKIN Payments” to enforce any right or provision of these Payment Terms shall not constitute a waiver of such right or provision unless we acknowledge and agree in writing. Except as expressly set forth in these Payment Terms, the exercise by either party of any of its remedies under these Payment Terms shall be without prejudice to its other remedies under these Payment Terms or otherwise permitted by law.

16.3 Assignment. The Host or the Guest or guest or consumer, may not assign, transfer or delegate this agreement or its rights and obligations below without the prior written consent of EZ-CHECKIN and/or “EZ-CHECKIN Payments”. EZ-CHECKIN and/or “EZ-CHECKIN Payments” may, without restriction, assign, transfer or delegate this agreement and any rights and obligations, in its sole discretion.

16.4 Notices. Unless otherwise specified, notices or other communications permitted or required under this agreement from you will be in writing and from EZ-CHECKIN and/or “EZ-CHECKIN Payments” will send them by email or notification from the EZ-CHECKIN platform and/or “EZ-CHECKIN Payments” and, depending on the notification settings, the messaging service (including but not limited to SMS, WeChat, Whatsapp, among other services). The date of receipt shall be deemed to be the date on which EZ-CHECKIN and/or “EZ-CHECKIN Payments” transmits the notice.

  1. How to contact EZ-CHECKIN and/or “EZ-CHECKIN Payments”

You may contact EZ-CHECKIN Payments regarding the Payment Services using the following information:

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