Terms of damage deposit

The terms set out here govern the Deposit management services (“Deposit”) provided by Superhog Ltd (“Superhog”) to Hosts and Guests. If applicable, these terms should be read in conjunction with the Guest Agreement and are an addendum to the same.

No future card payments will be charged or taken without us first communicating with the Guest.

1. HOW IT WORKS

1.1. Where the payment of a Deposit is required, details of any such payment will be clearly set out within the Listing.

1.2. The Host determines the Deposit up to a specified amount and may also provide the Guest with alternative options, such as a Damage Waiver.

1.3. The Deposit fee will be taken as a Handling Fee and through this the Guest is agreeing to the Deposit amount on the Listing to be taken against the cost of any Guest Misconduct and/or Property Damage which may be caused during the Booking.

2. COLLECTION OF DEPOSITS AND HANDLING FEES

2.1. When a Guest selects the Deposit option, Superhog will require the Guest to provide their Card details for a pre-approval process.

If the Guest is deemed liable for the damages by our resolutions team, the pre-approved card will be charged accordingly (Superhog will not charge any amount to the pre-approved card without informing the Guest of any incident raised by the Host against the Guest).

Additionally, the Guest shall be charged a non-refundable Handling Fee (collectively, the “Payments”). These will appear as two separate transactions to SUPERHOG: one for the Deposit and one for the non-refundable Handling Fee. Further details of these payments will set out in the Listing.

2.2. All Payments will be taken against the payment card details provided by the Guest.

2.3. The Payments will be collected in the stated currency. Within 24 hours of collection, the Guest will receive an email receipt to confirm when a Payment has been taken.

2.4. To avoid payment failure fees in accordance with Clause 4, the Guest is required to ensure:

2.4.1. there are sufficient funds available to make the Payments; and

2.4.2. the payment card will remain valid for at least 30 days after the Guest’s scheduled check-out date.

3. PROCESSING DEPOSITS

3.1. For the avoidance of doubt, the Handling Fee is non-refundable and shall be retained by Superhog. Except in circumstances where the Booking is cancelled by the Host or Guest, then the Handling Fee will be automatically refunded. Superhog reserves the right to process the Deposit in the event:

3.1.1. Property Damage is suspected or reported; and/or

3.1.2. evidence is provided by the Host to Superhog which requires further investigation.

3.2. The Deposit will be requested within a reasonably necessary timeframe (up to a maximum of 14 days from the date of notification of Property Damage by the Host to Superhog) to conduct and complete any investigation required. The Host has 14 days from Guest check-out to notify Superhog of any Property Damage.

3.3. In the event Property Damage is found to have occurred (determined at Superhog’s sole discretion), Superhog will request some or all of the Deposit to satisfy the Guest’s liability.

3.4. To quantify the Guest’s liability, Superhog may take into account certain factors including but not limited to the following:

3.4.1. the cost of rebuilding or repairing the Property Damage to a condition equal to but not better or more extensive than the condition at the start of
the Booking;

3.4.2. depreciation based on the expected lifetime of the item(s) within a rental environment, that has suffered Property Damage; and/or
3.4.3. any financial contribution which has been made towards the Property Damage by the Guest and/or any third party, including from the sale of any item which has suffered Property Damage and any relevant Damage Waiver or Deposit.

3.5. If the Property Damage exceeds the value of the Deposit, Superhog shall provide the Guest with an invoice for the outstanding amount as soon as reasonably practicable (the “Charge”).

4. FAILED PAYMENTS

4.1. If the Handling Fee is not made in accordance with the Listing, the Guest may not be allowed access to the Property and/or the Booking may be cancelled by the Host. In these circumstances, the Host reserves the right to retain the full cost of the Booking.

4.2. In the event Superhog attempts to take any payment due and it fails, Superhog will notify the Guest and provide them with details of when a further attempt will be made. Superhog reserves the right to charge a fee of £5 (or equivalent in the relevant payment currency) in relation to any failed payment.

5. BANKING AND CURRENCY EXCHANGE RELATED FEES

5.1. All Payments and Charges will be charged in the currency stated at the point of payment.

5.2. The Guest is responsible for:

5.2.1. ensuring that payments of the correct value are made; and
5.2.2. any fees that their bank or payment card provider may impose in relation to the payment, including and financial currency exchange related fees.

5.3. If the Guest makes a Payment from an account or payment card which has a base currency different to that in which the payment is due, the bank add their fees to any Deposit or Handling Fee. The Guest is responsible for any such shortfall or fees.

APPENDIX

INTERPRETATION

1. The definitions and rules of interpretation which apply in this agreement:

“Approved” means a status allocated to a Booking, Host, Guest, Listing, Platform, Partner (and/or any third party) as the result of a successful Validation;

“Booking” means, a confirmed stay that has been registered with Superhog and involves an Approved Guest staying at a Host’s Listing;

“Chargeback” means a charge that is returned to a payment card after a customer successfully disputes an item on their account statement or transactions report. A chargeback may occur on either debit cards (and the underlying bank account) or credit cards;

“Contents” means household goods and other personal property contained within a Listing, including art, antiques and collectable items. For the avoidance of doubt, this does not include:

animals including pets and livestock;
currency, cheques, credit cards, postal orders, travellers’ cheques, money orders, crossed bankers’ drafts, current postage stamps, gift vouchers or tokens, customer redemption vouchers, travel tickets precious metal in bullion form, notes or securities
jewellery, watches, gemstones, handbags, furs, unless in the case of b) and c) above, the items are stored in a locked safe inaccessible to Guests;

“Cosmetic Damage” means damage that does not impact the likelihood of a Property receiving a Booking, or adversely impact the functionality of the Property’s fixtures and/or fittings, or its Contents. By way of example (but not limited to) damage that consists solely of scratches, scuffs, marks or dents;

“Deposit” means an agreement whereby an actual or virtual payment, up to an amount determined by a Host, is made by a Guest in the event of Property Damage;

“Damage Waiver” means an agreement whereby a Guest’s liability for Property Damage in relation to a specific Booking is waived up to a specified amount, in return for a one-off, non-refundable payment;

“Group Company” means a parent, subsidiary or related company of Superhog;

“Guest” means both the lead guest who makes a Booking and any accompanying occupants;

“Guest Agreement” means the governing terms in place between the Guest, the Host and Superhog;

“Guest Misconduct” means improper behaviour by the Guest including but not limited to breach of Property house rules and/or code of conduct, and unpaid Bookings;

“Handling Fee” refers to a fee applied to cover any handling charges and authenticates the payment card for Deposit.

“Home Standards” refers to a set of standards and best practices that ensures a Listing is safe, fully functional and as advertised, including but not limited to:

appropriate sleeping areas, hot and cold running water, and a functional sewage system;
adequate protection of the property, including locks and/or other security devices (as appropriate); and
functioning utilities, such as Wi-Fi, air conditioning and heating (as advertised);

“Host” means an Approved accommodation property advertiser who is advertising Approved Listings on a recognised STR Platform;

“Listing” (also “Property”) means any residential property (including but not limited to campervans, boats, mobile homes, and any other impermanent structures), which a Host has the legal and/or contractual right to offer to Guests and which complies with Home Standards;

“Not-Approved” means a status allocated to a Booking, Host, Guest, Listing, Platform, Partner (and/or any third party) as the result of a failed Validation;

“Partner” (also “Client”) means any third party who has an ongoing commercial relationship with Superhog bound by agreed contractual terms;

“Platform” (or “STR Marketplace”) means a recognised short-term rental platform or marketplace, such as (but not limited to) Airbnb, Booking.com or VRBO, also including www.superhog.com;

“Property” see “Listing” definition;

“Property Damage” means the damage caused to any Property, its fixtures and/or fittings, or its Contents, caused by the actions or inactions, whether accidental, deliberate or otherwise, of a Guest (or any accompanying occupants) during a Booking.

For the avoidance of doubt, this does not include Cosmetic Damage and/or Wear and Tear;

“Superhog” (also the “Company”) means Superhog Limited and/or any Group Company. Superhog shall also mean superhog.com and any other Superhog branded websites, web pages, mobile websites (collectively, the “Site”), and any mobile applications (the “App”) owned and or operated by Superhog;

“Validation” (also “Verification” and “Verify”) means the protocols and processes performed by Superhog in order to allocate a status to any Booking, Host, Guest, Listing, Platform, Partner (and/or any third party);

“Wear and Tear” means the type of gradual deterioration to a Property’s fixtures and/or fittings, or its Contents which could reasonably be expected through normal usage over time.

1. Clause, schedule and paragraph headings shall not affect the interpretation of this addendum.

2. A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.

3. Unless the context otherwise requires, words in the singular shall include the plural and, in the plural, shall include the singular.

4. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.