Terms and Conditions

1. Searching and Booking on Quaint Spaces.

1.1 Searching.

You can search for Host Services by using criteria like the type of Host Service, type of listing, travel destination, travel dates, and number of guests. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, reviews, customer service and cancellation history, popularity, previous trips and saved Listings, Host requirements (e.g. minimum or maximum nights), and more.

1.2 Booking.

When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees like ’s service fee, offline fees, taxes and any other items identified during checkout (collectively, “Total Price”). If you choose to pay using a currency that differs from the currency set by the Host for their Listing, the price displayed to you is based on a currency conversion rate determined by us. When you receive the booking confirmation, a contract for Host Services (a "Reservation") is formed directly between you and the Host. In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Reservation. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to booking a Listing. Be aware that some Hosts work with a co-host or as part of a team to provide their Host Services.

1.3 Accommodation Reservations.

An Accommodation Reservation is a limited license to enter, occupy and use the Accommodation. The Host retains the right to re-enter the Accommodation during your stay, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the Host, and (iii) permitted by applicable law. If you stay past checkout, the Host has the right to make you leave in a manner permitted by applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of allowed Guests.

1.4 Reservations for Experiences and Other Host Services.

An Experience or other Host Service Reservation entitles you to participate in, attend, or use that Experience or Host Service. You are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, fitness or other requirements. You are responsible for informing the Host of any medical or physical conditions, or other circumstances that may impact your ability to participate, attend or use the Experience or Host Service. Except where expressly authorized, you may not allow any person to join an Experience or other Host Service unless they are included as an additional guest during the booking process.

2. Cancellations, Reservation Issues, Refunds and Booking Modifications.

2.1 Cancellations, Reservation Issues, and Refunds.

In general, if you cancel a Reservation, the amount refunded to you is determined by the cancellation policy that applies to that Reservation. But, in certain situations, other policies may take precedence and determine what amount is refunded to you. If something outside your control requires you to cancel a Reservation, you may be entitled to a partial or full refund as per our decision.. If the Host cancels, or you experience a Reservation Issue (as defined in our Rebooking and Refund Policy), you may be entitled to rebooking assistance or a partial or full refund under our Rebooking and Refund Policy. Different policies apply to certain categories of Listings; for example, Experiences Reservations are governed by the Experiences Guest Refund Policy. See each Additional Legal Term or Policy for details about what is covered, and what refund applies in each situation.

2.2 Booking Modifications.

Hosts and Guests are responsible for any booking modifications they agree to make via the Platform or direct Quaint Spaces customer service to make on their behalf ("Booking Modifications"), and agree to pay any additional amounts, fees or taxes associated with any Booking Modification.

3. Your Responsibilities.

You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Accommodation, all areas and facilities where the Accommodation is located that the Host and Guest are legally entitled to use in connection with the Accommodation (“Common Areas”), or any Experience or other Host Service. For example, this means: (i) you are responsible for leaving an Accommodation (and related personal property) or Common Areas in the condition it was in when you arrived, (ii) you are responsible for paying all reasonable Damage Claim amounts, and (iii) you must act with integrity, treat others with respect and comply with applicable laws at all times. If you are booking for an additional guest who is a minor or if you bring a minor to a Host Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.

3.1 Search Results.

The ranking and display of Listings in search results on the Quaint Spaces Platform depends on a variety of factors, including these main parameters:

  1. Guest search parameters (e.g. number of Guests, destination, time and duration of the trip, price range),
  2. Listing characteristics (e.g. location, price, calendar availability, number and quality of images, reviews, ratings and other quality signals, type or category of Host Service, host status, length of time the Listing has been live on the Quaint Spaces Platform, Guest engagement and popularity),
  3. Guest experience (e.g. customer service and cancellation history of the Host, ease of booking),
  4. Host and Listing requirements (e.g. minimum or maximum nights, booking cut-off time), and
  5. Guest preferences and history (e.g. previous trips, viewed and saved Listings, location from where the Guest is searching).

Search results may be different on our mobile application than on our website, and may also differ in the map view. Quaint Spaces may allow Hosts to promote their Listings in search or elsewhere on the Quaint Spaces Platform by paying an additional fee. More information about the factors that determine how your Listing appears in search results, our current promotional programs (if any)

3.2 Your Responsibilities.

You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the Quaint Spaces Platform except those expressly authorized by our Offline Fee Policy. Do not encourage Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Quaint Spaces Platform in violation of our Off-Platform Policy.

3.3 Cancellations and Reservation Issues.

In general, if a Guest cancels a Reservation, the amount paid to you is determined by the cancellation policy that applies to that Reservation.

3.4 Booking Modifications.

Hosts and Guests are responsible for any Booking Modifications they agree to make via the Quaint Spaces Platform or direct Quaint Spaces customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.

4. Taxes.

4.1 Host Taxes.

As a Host, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income or other taxes ("Taxes").

4.2 Collection and Remittance by Quaint Spaces.

In jurisdictions where Quaint Spaces facilitates the collection and/or remittance of Taxes on behalf of Hosts, you instruct and authorize Quaint Spaces to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by Quaint Spaces are identified to Members on their transaction records, as applicable. Quaint Spaces may seek additional amounts from Members (including by deducting such amounts from future payouts) in the event that the Taxes collected and/or remitted are insufficient to fully discharge that Members’ tax obligations, and you agree that your sole remedy for Taxes collected by Quaint Spaces is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason.

4.3 Tax Information.

In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that Quaint Spaces may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Host Services to facilitate accurate tax reporting.

General Terms

5. Reviews.

After each Host Service, Guests and Hosts will have an opportunity to review each other. Your review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates these terms, applicable law.

6. Content.

Parts of the Quaint Spaces Platform enable you to provide feedback, text, photos, audio, video, information and other content (“Content”). By providing Content, in whatever form and through whatever means, you grant Quaint Spaces a non-exclusive, worldwide, royalty-free, sub-licensable and transferable license, for the term of the protection of the rights so licensed, to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Content to provide and/or promote the Quaint Spaces Platform, in any media or platform, known or unknown to date and in particular on Internet and social networks. If Content includes personal information, such Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Where Quaint Spaces pays for the creation of Content or facilitates its creation, Quaint Spaces may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Quaint Spaces the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Content Policy and Nondiscrimination Policy, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent and illegal content. You agree that Quaint Spaces may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. Quaint Spaces does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.

7. Fees.

Quaint Spaces may charge fees (and applicable Taxes) to Hosts and Guests for the right to use the Quaint Spaces Platform. Any applicable fees are disclosed to Hosts before publishing a listing and to Guests before making a booking.

8. Quaint Spaces Platform Rules.

8.1 Rules.

You must follow these rules and must not help or induce others to break or circumvent these rules.

  1. Act with integrity and treat others with respect
    1. Do not lie, misrepresent something or someone, or pretend to be someone else.
    2. Be polite and respectful when you communicate or interact with others.
    3. Do not attempt to evade enforcement of these Terms,
    4. Do not scrape, hack, reverse engineer, compromise or impair the Quaint Spaces Platform
    5. Do not use bots, crawlers, scrapers or other automated means to access or collect data or other content from or otherwise interact with the Quaint Spaces Platform.
    6. Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Quaint Spaces Platform or Content.
    7. Do not decipher, decompile, disassemble or reverse engineer any of the software or hardware used to provide the Quaint Spaces Platform.
    8. Do not take any action that could damage or adversely affect the performance or proper functioning of the Quaint Spaces Platform.
  2. Only use the Quaint Spaces Platform as authorized by these Terms or another agreement with us
    1. You may only use another Member’s personal information as necessary to facilitate a transaction using the Quaint Spaces Platform as authorized by these Terms.
    2. Do not use the Quaint Spaces Platform, our messaging tools, or Members’ personal information to send commercial messages without their express consent.
    3. You may use Content made available through the Quaint Spaces Platform solely as necessary to enable your use of the Quaint Spaces Platform as a Guest or Host.
    4. Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.
    5. Do not request, make or accept a booking or any payment outside of the Quaint Spaces Platform to avoid paying fees, taxes or for any other reason. See our Offline Fee Policy for exceptions.
    6. Do not require or encourage Guests to open an account, leave a review, or otherwise interact, with a third-party website, application or service before, during or after a Reservation, unless authorized by Quaint Spaces.
    7. Do not engage in any practices that are intended to manipulate our search algorithm.
    8. Do not book Host Services unless you are actually using the Host Services.
    9. Do not use, copy, display, mirror or frame the Quaint Spaces Platform, any Content, any Quaint Spaces branding, or any page layout or design without our consent.
  3. Honor your legal obligations
    1. Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
    2. If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information
    3. Read and follow our Terms, Additional Legal Terms, Policies and Standards.
    4. Do not organize or facilitate unauthorized parties or events. You are responsible and liable for any party or event during your Reservation that violates our rules for parties and events, as incorporated by reference herein.
    5. Do not use the name, logo, branding, or trademarks of Quaint Spaces or others without permission, and only as set forth in our Trademark Guidelines.
    6. Do not use or register any domain name, social media handle, trade name, trademark, branding, logo or other source identifier that is confusingly similar to any Quaint Spaces trademarks, logos or branding. See our Trademark Guidelines for additional details.
    7. Do not offer Host Services that violate the laws or agreements that apply to you.
    8. Do not offer or solicit prostitution or participate in or facilitate human trafficking.

8.2 Reporting Violations.

If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Quaint Spaces. In addition, if you believe that a Member, Listing or Content has violated our Standards, you should report your concerns to Quaint Spaces. If you reported an issue to local authorities, Quaint Spaces may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report.

9. Content Notifications and Content Moderation.

9.1

You acknowledge that Quaint Spaces has no general obligation to monitor Content provided by and stored on behalf of Members, or to actively seek facts or circumstances indicating illegal activity or the incompatibility of Content with the rights of third parties, these Terms, or Quaint Spaces’s Policies and Standards. However, Quaint Spaces reserves the right to carry out voluntary own-initiative investigations to detect, identify, and remove or disable access to illegal or incompatible Content, and to take any necessary measures in accordance with these Terms.

9.2

You agree to cooperate with and assist Quaint Spaces in good faith, and to provide Quaint Spaces with such information and take such actions as may be reasonably requested by Quaint Spaces with respect to any investigation undertaken by Quaint Spaces regarding Content on the Quaint Spaces Platform or the use or abuse of the Quaint Spaces Platform.

9.3

Quaint Spaces provides Members and third parties, including designated trusted flaggers according to Article 22 of Regulation (EU) 2022/2065, (“Notifiers”) with the means to notify Quaint Spaces of allegedly illegal Content (including copyright infringements) on the Quaint Spaces Platform by using our electronic notification form (“Content Notification”). Learn more about how to report Content on our Help Center.

9.4

As part of its own initiative investigations and the review of Content Notifications, Quaint Spaces uses various processes and tools to identify, review, and moderate Content. This may include human review, automated review, or a combination of both. If automated means have been used to review Content, and Quaint Spaces has subsequently taken action with respect to that Content, Quaint Spaces will notify the Member who posted the Content of the use of automated means to the extent that legitimate interests of Quaint Spaces and its Members do not preclude such notice.

9.5 Misuse of Content Notifications.

Quaint Spaces is entitled to suspend the processing of Content Notifications for a reasonable period of time, if the Notifier in question frequently submits notifications that are manifestly unfounded. Where appropriate, Quaint Spaces will issue a warning prior to such a suspension. When deciding on a suspension, Quaint Spaces will take into account all relevant facts and circumstances apparent from the information available to Quaint Spaces, including (i) the amount, severity and frequency of unfounded notifications; (ii) the ratio of unfounded notifications to all notifications of the Notifier; and (iii) the intentions pursued by the Notifier, insofar as they can be determined by Quaint Spaces.

10. Termination, Suspension and other Measures.

10.1 Term

The agreement between you and Quaint Spaces reflected by these Terms remains in effect until either you or we terminate the agreement in accordance with these Terms.

10.2 Termination

You may terminate this agreement at any time by sending us an email or by deleting your account. Quaint Spaces may terminate this agreement for any reason by providing you 30 days’ notice via email or using any other contact information you have provided for your account. Quaint Spaces may also terminate this agreement immediately and without prior notice and stop providing access to the Quaint Spaces Platform if (i) you materially breach these Terms or our Additional Legal Terms, or Policies, (ii) you violate applicable laws, or (iii) such action is necessary to protect the personal safety or property of Quaint Spaces, its Members, or third parties (for example in the case of fraudulent behavior of a Member), or (iv) your account has been inactive for more than two years.

10.4 Legal Mandates

Quaint Spaces may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, including the measures described above in Section 13.3.

10.5 Effect of Termination

If you are a Host and terminate your Quaint Spaces account, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you terminate your account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Quaint Spaces Platform has been limited, or your Quaint Spaces account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Quaint Spaces Platform through an account of another Member.

11. Complaint Handling System.

11.1

If you are a Member with your country of residence or establishment within the EEA and Quaint Spaces takes any of the measures according to Section 13.3 on the grounds that Content provided by you is illegal or incompatible with these Terms, you may submit a complaint against such a measure through our internal complaint handling system. Learn more about how to submit a complaint on our Help Center.

11.2

Quaint Spaces’s complaint handling system is also available to Members and third parties with their country of residence or establishment within the EEA who have submitted a Content Notification according to Section 12.3 of these Terms, if the notification has been rejected in whole or in part by Quaint Spaces.

11.3

A complaint may be submitted via our complaint handling system for a period of six (6) months, beginning in the case of Section 11.1 with the day on which a Member is informed about the measure taken and in the case of Section 11.2 with the day on which the Notifier is informed about the rejection of their Content Notification.

11.4

Quaint Spaces is entitled to suspend the processing of complaints from Members and Notifiers for a reasonable period of time, if the Member or Notifier in question frequently submits complaints that are manifestly unfounded. Where appropriate, Quaint Spaces will issue a warning, prior to such a suspension. When deciding on a suspension, Quaint Spaces takes into account all relevant facts and circumstances apparent from the information available to Quaint Spaces, including (i) the amount, severity and frequency of unfounded complaints; (ii) the ratio of unfounded complaints to all complaints; and (iii) the intentions pursued by the Member or Notifier, insofar as can be determined by Quaint Spaces.

11.5

Members addressed by measures according to Section 11.1 and Notifiers that have submitted Content Notifications which have been rejected by Quaint Spaces, are entitled to select a certified out-of-court dispute settlement body in accordance with Article 21 of Regulation (EU) 2022/2065 in order to resolve disputes relating to those measures, including complaints that have not been resolved by means of our complaint handling system. Both parties will engage, in good faith, with the selected dispute settlement body to resolve the dispute. Quaint Spaces reserves the right to refuse to engage with the dispute settlement body if a dispute regarding the same Content and grounds for alleged illegality of the Content or its alleged inconsistency with these Terms has already been resolved or is already subject to an ongoing procedure before a competent court or before another competent out-of-court dispute settlement body.

11.6

For all other inquiries and complaints that are not subject to Quaint Spaces’s complaint handling system, Members can contact our customer service.

12. Modification of these Terms.

When we propose changes to these Terms, we will post the revised Terms on the Quaint Spaces Platform and update the “Last Updated” date at the top of these Terms. We will provide you with notice of the proposed changes by email notifications, through the Quaint Spaces Platform, messaging service, or any other contact method made available by us and selected by you at least thirty (30) days before the date they become effective. If the proposed changes to these Terms are material, you will be asked to explicitly accept the revised Terms. Such notice will also inform you about your right to reject the proposed changes, the timeframe to do so, and your right to terminate the Agreement at any time before the effective date of the proposed changes as provided in these Terms. In case of (i) non-material changes to these Terms which do not affect its essential provisions, in particular, provisions defining the nature and scope of the services provided by Quaint Spaces, or (ii) changes that are required by law, a legally binding court decision, or binding order of a competent authority, your continued use of the Quaint Spaces Platform after the effective date of the proposed changes will constitute acceptance of the revised Terms.

13. Resolving Complaints and Damage Claims between Members.

13.1

If a Member provides valid evidence that you, your guest(s), or your pet(s) have culpably:

  • (i) damaged the complaining Member’s, or the Accommodation owner’s (where the Accommodation owner is not also the Host), real or personal property, or real or personal property the complaining Member is responsible for, or has an economic interest in, or
  • (ii) caused loss of booking income for bookings via the Quaint Spaces Platform or other consequential damages, which result directly from the damage caused under (i) above; or
  • (iii) otherwise caused the complaining Member to incur cleaning costs in excess of the Member’s cleaning fee (each of (i), (ii), and (iii) being a "Damage Claim"),
the complaining Member can notify Quaint Spaces and/or seek compensation through the Resolution Center. You will be notified of the Damage Claim and given an opportunity to respond. If you agree to pay, you authorize Quaint Spaces via Quaint Spaces Payments to collect the amount of the Damage Claim from you.

13.2

If the Host and Guest cannot resolve, or a Guest fails to pay a Damage Claim, the Host may notify Quaint Spaces through the Resolution Center under the terms of the Host Damage Protection Terms and seek compensation. Quaint Spaces will review the Damage Claim and ask the Host to provide any required evidence (e.g. through appropriate documents, photos, invoices, or third-party experts) which substantiates the Damage Claim and the Damage Claim amount. The Guest will be given the opportunity to respond and provide any relevant counter evidence. If Quaint Spaces determines, under consideration of the evidence provided, the Host Damage Protection Terms, and applicable statutory rules on the burden of proof that the Guest is responsible for the Damage Claim, Quaint Spaces (via Quaint Spaces Payments) will pay out the Damage Claim to the Host. If Quaint Spaces pays out the Damage Claim to the Host, Quaint Spaces may collect the amount of the Damage Claim from the Guest, including by charging the guest’s Payment Method up to a maximum amount of $500 USD. Quaint Spaces may also pursue claims for recovering Damage Claims amounts, including amounts exceeding the maximum amount applicable for charging the Guest’s Payment Method, against a Guest using any remedies it may have available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against a Guest. Members may appeal a decision by Quaint Spaces by contacting our customer service. As between Members and Quaint Spaces, the burden of proof regarding the Damage Claim and the Damage Claim amount always lies with Quaint Spaces.

13.3

You agree to cooperate in good faith, provide any information Quaint Spaces requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of Host Services.

13.4

Any decisions made by Quaint Spaces in relation to a Damage Claim do not affect your contractual and statutory rights. Your right to take legal action before a court of law remains unaffected.

14. Quaint Spaces’s Role.

We offer you the right to use a platform that enables Members to publish, offer, search for, and book Host Services. When Members make or accept a booking, they are entering into a contract directly with each other. Quaint Spaces is not and does not become a party to or other participant in any contractual relationship between Members. Quaint Spaces is not acting as an agent for any Member except for where Quaint Spaces Payments acts as a collection agent as provided in the Payments Terms. While we work hard to ensure our Members have great experiences using Quaint Spaces, we do not and cannot control the conduct or performance of Guests and Hosts and do not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services or (ii) the truth or accuracy of any Listing descriptions, reviews, or other Content provided by Members. You acknowledge that Quaint Spaces has the right to review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Quaint Spaces Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Member Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Where we remove or disable Content, we will notify a Member and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws.

15. Disclaimer.

We do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Host, Host Service, Listing or third party and we do not warrant that verification, identity or background checks conducted on Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member being "verified" (or similar language) indicate only that the Member or Quaint Spaces has completed a relevant verification or identification process and nothing else. We are not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the Quaint Spaces Platform. Quaint Spaces may, temporarily and under consideration of the Members’ legitimate interests (e.g. by providing prior notice), restrict the availability of the Quaint Spaces Platform or certain features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Quaint Spaces Platform.

16. Liability.

16.1

Quaint Spaces is liable without limitations under statutory provisions for damages arising from injury to life, limb or health based on a negligent or intentional breach of duty by Quaint Spaces or its legal representatives, or vicarious agents. The same applies for issued guarantees or any other strict liability.

16.2

Quaint Spaces is also liable without limitations for other damages based on an intentional or grossly negligent breach of duty by Quaint Spaces or its legal representatives or vicarious agents.

16.3

Quaint Spaces is not liable for damages arising from a breach of duty based on simple negligence.

16.4

Section 16.3 does not apply for damages arising from breaches of essential contractual obligations based on simple negligence. For such damages by Quaint Spaces, its legal representatives or other vicarious agents, Quaint Spaces’s liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of Quaint Spaces in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract.

16.5

To the extent that Quaint Spaces's liability is excluded or limited, this also applies with regard to the personal liability of its legal representatives, employees, and other agents.

17. Indemnification.

To the maximum extent permitted by applicable law, you agree to release, defend (at Quaint Spaces’s option), indemnify, and hold Quaint Spaces (including Quaint Spaces Payments, other affiliates, and their personnel) 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 breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Additional Legal Terms, Policies, or Standards, (ii) your improper use of the Quaint Spaces Platform, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience or other Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights. The indemnification obligation only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.

18. Applicable law and Jurisdiction.

These Terms are governed by and construed in accordance with Irish law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of Irish law. As a consumer, you may only bring proceedings relating to these Terms before the competent court of your place of residence or the competent court of Quaint Spaces's place of business in Ireland. If Quaint Spaces wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Irish courts.

19. Miscellaneous.

19.1 Interpreting these Terms.

Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms constitute the entire agreement between Quaint Spaces and you pertaining to your access to or use of the Quaint Spaces Platform and supersede any and all prior oral or written understandings or agreements between Quaint Spaces and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Quaint Spaces. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 19.11 below, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

19.2 No Waiver.

Quaint Spaces’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

19.4 Assignment.

You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Quaint Spaces's prior written consent. Quaint Spaces may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice. Your right to terminate this agreement at any time pursuant to Section 13.2 remains unaffected.

19.5 Notice.

Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by Quaint Spaces via email, Quaint Spaces Platform notification, messaging service (including SMS and WeChat), or any other contact method we enable you to provide. If a notification relates to a booking or Listing in Japan, you agree and acknowledge that such notifications via electronic means in lieu of a written statement, satisfies Quaint Spaces’s obligations under Article 59 (1) of the Japanese Housing Accommodation Business Act.

19.6 Third-Party Services.

The Quaint Spaces Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Quaint Spaces is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.

19.7 Google Terms.

Some translations on the Quaint Spaces Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the Quaint Spaces Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

19.8 Apple Terms.

If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.

19.9 Quaint Spaces Platform Content.

Content made available through the Quaint Spaces Platform may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of Quaint Spaces and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the Quaint Spaces Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Quaint Spaces grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the Quaint Spaces Platform and accessible to you, solely for your personal and non-commercial use.

19.10 Quaint Spaces.org.

Quaint Spaces.org is a nonprofit corporation exempt from income taxation under U.S. Internal Revenue Code Section 501(c)(3), operating as a public charity. Quaint Spaces.org is not owned or controlled by Quaint Spaces. Quaint Spaces.org administers a number of charitable programs that benefit our Host and Guest communities and the public.

19.11 Force Majeure.

Quaint Spaces shall not be liable for any delay or failure to perform resulting from abnormal and unforeseeable circumstances outside its reasonable control, the consequences of which would have been unavoidable despite all efforts to the contrary, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

19.12 Emails and SMS.

You will receive administrative communications from us using the email address or other contact information you provide for your Quaint Spaces account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have an Quaint Spaces Account. In the U.S. if you consent to receive SMS (text messages) from us, you will be subject to our SMS Terms.

19.13 Contact Us.

If you have any questions about these Terms please email us.

Additional Terms Applicable to Business Hosts

If you declare that you use the Quaint Spaces Platform to offer Host Services to consumers for purposes relating to your trade, business, craft or profession (“Business Host”), these following additional terms will apply to you:

20. Hosting on Quaint Spaces as a Business Host.

20.1

As a Business Host you commit to only offer Host Services on the Quaint Spaces Platform that comply with the applicable rules of European Union law.

20.2

In order to meet mandatory statutory requirements you will be required to provide at least the following information (where applicable) to Quaint Spaces in order to offer Host Services as a Business Host on the Quaint Spaces platform:

  1. your name, address, telephone number and email address;
  2. a copy of your identification document or any other electronic identification as defined by Article 3 of Regulation (EU) No 910/2014;
  3. your payment account details;
  4. the trade register in which you are registered and your registration number or equivalent means of identification in that register.

20.3

You will not be able to offer Host Services on the Quaint Spaces Platform until Quaint Spaces has been able to assess that the information is reliable and complete. We may require you to provide additional documentation as determined by us for the purposes of enabling us to assess the reliability and completeness of your information.

20.4

You are responsible for the accuracy of the information provided and are required to keep your information up-to-date at all times. If we obtain sufficient indications or otherwise have reason to believe that any item of information is inaccurate, incomplete or not up-to-date, you will be asked to remedy the situation without delay. If you fail to update your information within the timeframe provided by us, we may suspend your use of the Quaint Spaces Platform, until you have provided the required information. If we suspend our services for these reasons you have the right to lodge a complaint via our complaint handling system or with a certified out-of-court dispute settlement body in accordance with Section 14 of these Terms.

21. Access to Data.

Business Hosts have access to personal and other data in their Quaint Spaces account and host dashboard which is provided by the Business Host, their Guests or generated through the use of the Quaint Spaces Platform and which is necessary for the performance of their Host Services as well as aggregated information about searches, bookings and the performance of their listings. Our Privacy Policy sets out the categories of personal data and other data we collect, how we use, process, disclose and retain it, and how you can access it and exercise your data rights.

© Quaint Spaces Jaipur, 2024
D-105, Golden Oak, Devi Marg, Bani Park, Jaipur, Rajasthan 302016