Guest agreement

This agreement governs the relationship between you (“Guest”), SUPERHOG Ltd (“Superhog”) and your Host in any Booking. You should read this agreement carefully and only continue if you wish to be bound by the agreement in its entirety.


1. BOOKING VALIDATION


1.1. To protect the Host’s interest in the Property, the Guest agrees to complete a Booking Validation. As part of this process, the Guest may be required to verify their identity (ID) in advance of the Booking, including providing accepted photographic ID (if applicable).


1.2. The Host or Superhog, acting as the Host’s Agent, may pass the Guest’s details to a third-party provider to carry out ID verification and other checks.


1.3. No Superhog guarantees will be active in relation to a Booking if the Superhog Booking Validation has not been completed in advance of the Booking.


2. GUEST OBLIGATIONS AND ACKNOWLEDGEMENTS


2.1. The Guest acknowledges they are liable for all Property Damage to, at or in the Property during the Booking which was directly or indirectly caused by their own action or inaction.


2.2. The Guest is liable for the full reservation amount owed to the Host, and any cancellation or refund is subject to the Host’s cancellation terms.


2.3. The Guest agrees not to make a Chargeback against the Host.


3. PROPERTY USE AND CARE


3.1. With regard to their Booking, the Guest agrees to the following conditions:


3.1.1. to use the Property only as permitted by the Host and always in a reasonable and responsible manner. Parties are strictly prohibited unless pre-authorised by the Host;


3.1.2. to operate any appliance(s), fixtures and fittings in accordance with provided instructions and in a reasonable and careful manner;


3.1.3. to take full responsibility for the conduct and behaviour of any person(s) they have permitted to enter the Property;


3.1.4. to ensure the Property is adequately secured at all times and in accordance with the Property’s house rules;


3.1.5. to take care to avoid blocking or causing damage to drains or sanitary appliances; and


3.1.6. to keep the Property appropriately and safely ventilated to ensure there is no build-up of damp, moisture, cooking smells, smoke, grease or similar.


3.2. For the avoidance of doubt, all obligations in respect of the Property apply equally to any building of which the Property forms part and in relation to any access, parking, or right of way associated with the Property.


4. PROPERTY DAMAGE


4.1. Wherever possible, the Guest shall take a photographic record of the Property at the start and the end of the Booking. In the event the Guest does not do so, the Guest acknowledges that it will be hard for them to prove that any Property Damage was not caused by them.


4.2. On becoming aware of any Property Damage or similar, the Guest shall act without delay and take all reasonable steps to minimise its effects, including but not limited to, steps to prevent it from worsening and/or causing nuisance to the occupier of any neighbouring premises. The Guest shall report any such Property Damage to the Host or Superhog as soon as reasonably practicable.


4.3. In accordance with Clause 2.1, the Guest is liable for all Property Damage to, at or in the Property during their Booking which was directly or indirectly caused by their own action or inaction. In addition to any liability for Property Damage, the Guest agrees to compensate the Host for any fees or charges payable, including compensation to occupiers of neighbouring premises caused by the Guest’s actions, inactions or their failure to fulfil any of the obligations in this agreement.


4.4. In the event of unreported Property Damage, it will be assumed that any Property Damage was caused by the Guest and they will be liable in accordance with Clause 2.1.


4.5. The Guest acknowledges that the cost of Property Damage will be determined at Superhog’s sole discretion.


5. AGREEMENT


5.1. This agreement sets out the terms on which Superhog provides services in respect of a Booking. By entering into this agreement you also agree to our Website Terms and Privacy and Data Protection policy which you can find at www.superhog.com. It is important that you read this agreement carefully as your continuation through the Booking Validation process constitutes acceptance of these terms and the associated obligations.


5.2. To the extent this agreement is signed by an Agent or representative of a Guest, it is deemed to also bind the Guest and confirms their acceptance to the terms of this agreement.


5.3. You agree that Superhog may pass on certain information to the Host in connection with the Booking (if relevant).


5.4. You acknowledge that if you have caused Property Damage and not satisfied your associated liabilities in accordance with this agreement, your details may be held by Superhog on a Watchlist.


6. GENERAL


6.1. Notices under this agreement will be in writing and delivered by email. Any notice sent to the Guest by email will be deemed received eight hours after the email is sent, unless or in the event notification of non-delivery is received. This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.


6.2. The unenforceability or invalidity of any clause in this agreement shall not have an impact on the enforceability or validity of any other clause.


6.3. This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales. The Host and Guest agree to submit to the exclusive jurisdiction of the English courts.


APPENDIX


INTERPRETATION


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


“Agent” means any party providing services on behalf of a third party, for example Superhog undertakes Validations as an agent of a Host;


“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:

a) animals including pets and livestock;

b) 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

c) 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;


“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;


“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:

a) appropriate sleeping areas, hot and cold running water, and a functional sewage system;

b) adequate protection of the property, including locks and/or other security devices (as appropriate); and

c) functioning utilities, such as wifi, 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 an Approved or Not-Approved status to any Booking, Host, Guest, Listing, Platform, Partner (and/or any third party);


“Watchlist” means an internal Superhog-owned database of third parties that will not be given Approved status by Superhog based on the outcome of a Validation, intelligence and/or previous experience; and


“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.


2. Clause, schedule and paragraph headings shall not affect the interpretation of this agreement.


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


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


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