Terms & Conditions

Terms of Service

Last Updated: 12 November, 2019

Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using CoCo, you agree to comply with and be bound by these Terms.

Thank you for using CoCo!

These Terms constitute a legally binding agreement (“Agreement”) between you and CoCo (as defined below) governing your access to and use of the CoCo website, including any subdomains thereof, and any other websites through which CoCo makes its services available (collectively, “Site”), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application”) and all associated services (collectively, “CoCo Services”).

The Site, Application and CoCo Services together are hereinafter collectively referred to as the “CoCo Platform”. Our Property Agreements, Privacy Policy and other policies applicable to your use of the CoCo Platform are incorporated by reference into this Agreement.

When these Terms mention “CoCo,” “we,” “us,” or “our,” it refers to the CoCo company you are contracting with. Your contracting entity will generally be determined based on your country of residence or establishment. Our collection and use of personal information in connection with your access to and use of the CoCo Platform is described in our Privacy Policy.

Any and all payment processing services through or in connection with your use of the CoCo Platform (“Payment Services”) are provided to you by one or more CoCo Payments entities (individually and collectively, as appropriate, “CoCo Payments”) as set out in the Payments Terms of Service (“Payments Terms”).

1. Scope of CoCo Services

1.1 The CoCo Platform is an online marketplace that enables registered users (“Members”) to reserve and purchase accommodations, services and experiences offered by CoCo and selected third parties. All transactions and payments are managed through the CoCo Platform. Third party service providers (“Partners” ) are able to communicate directly with Members as part of fulfilling their services.

1.2 As the provider of the CoCo Platform, CoCo does not own or manage accommodations which are listed on the platform. CoCo is not a real estate broker or agent, but purely a platform to facilitate transactions and services. When Members make or accept a booking, they are entering into a contract directly with each other. CoCo is not and does not become a party to or other participant in any contractual relationship between Members.

1.3 While we may help facilitate the resolution of disputes, CoCo has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. CoCo does not endorse any Member, Listing or Services. Any references to a Member being “verified” (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by CoCo about any Member, including of the Member’s identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to stay in an Accommodation, participate in an Experience or Event or use other Third Party Services, accept a booking request from a Guest, or communicate and interact with other Members, whether online or in person.

1.4 The CoCo Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. CoCo is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by CoCo of such Third-Party Services.

1.5 Due to the nature of the Internet, CoCo cannot guarantee the continuous and uninterrupted availability and accessibility of the CoCo Platform. CoCo may restrict the availability of the CoCo Platform or certain areas or 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 CoCo Platform. CoCo may improve, enhance and modify the CoCo Platform and introduce new CoCo Services from time to time.

2. Eligibility, Using the CoCo Platform, Member Verification

2.1 In order to access and use the CoCo Platform or register an CoCo Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts.

2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Service(s) are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

2.3 CoCo may make access to and use of the CoCo Platform, or certain areas or features of the CoCo Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.

2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).

2.5 The access to or use of certain areas and features of the CoCo Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the CoCo Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the CoCo Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.

3. Modification of these Terms

CoCo reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the CoCo Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the CoCo Platform will constitute acceptance of the revised Terms.

4. Service Fees

4.1 CoCo may charge fees to Properties (“Property Fees”) and/or Guests (“Guest Fees”) (collectively, “Service Fees”) in consideration for the use of the CoCo Platform. More information about when Service Fees apply and how they are calculated can be found on our FAQ page.

4.2 Any applicable Service Fees (including any applicable Taxes) will be displayed prior to requesting payment. CoCo reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.

4.3 You are responsible for paying any Service Fees that you owe to CoCo. The applicable Service Fees (including any applicable Taxes) are collected by CoCo Payments. Any Guest Fees are included in the Total Fees collected by CoCo Payments. Except as otherwise provided on the CoCo Platform, Service Fees are non-refundable.

5. Guest Terms

5.1 Terms applicable to all bookings

5.1.1 Subject to meeting any requirements (such as completing any verification processes) set by CoCo and/or the Property, you can book a Listing available on the CoCo Platform by following the respective booking process. All applicable fees, including aSecurity Deposit (if applicable), Guest Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your CoCo Account.

5.1.2 Upon receipt of a booking confirmation from CoCo, a legally binding agreement is formed between you and your host Property, The Property, subject to any additional terms and conditions of the Property that apply, including in particular the applicable House Rules specified in the Rental Agreement. CoCo Payments will collect the Total Fees at the time of the booking request or upon the Property’s confirmation pursuant to the Payments Terms. For certain bookings, Guests may be required to pay or have the option to pay in multiple installments.

5.2 Booking Accommodations

5.2.1 You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by the Property to enter, occupy and use the Accommodation for the duration of your stay, during which time the Property (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Property.

5.2.2 You agree to leave the Accommodation no later than the checkout time that the Property specifies in the Listing or such other time as mutually agreed upon between you and the Property. If you stay past the agreed upon checkout time without the Property’s consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Property is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Property, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Property, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by the Property to make you leave (collectively, “Overstay Fees”). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Property as a result of such Overstay. If you Overstay at an Accommodation, you authorize CoCo (via CoCo Payments) to charge you to collect Overstay Fees. A Security Deposit, if required by a Property, may be applied to any Overstay Fees due for a Guest’s Overstay.

5.3 Booking Experiences, Events and other Services

5.3.1 You should carefully review the description of any Experience, Event or other Service you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the provider has specified in their Listing. At your sole discretion you may want to inform the provider of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to participate in any Experience, Event or other Service. In addition, certain laws, like the minimum legal drinking age in the location of the Experience, Event or other Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Experience, Event or other Service. 5.3.2 Before and during an Experience, Event or other Service you must at all times adhere to the provider’s instructions. 5.3.3 You may not bring any additional individuals to an Experience, Event or other Service unless such an individual was added by you as an additional guest during the booking process.

6. Booking Modifications, Cancellations and Refunds, Resolution Center

6.1 Guests are responsible for any modifications to a booking that they make via the CoCo Platform or direct CoCo customer service to make (“Booking Modifications”), and agree to pay any additional Fees and/or Taxes associated with such Booking Modifications.

6.2.1 Guests can cancel a confirmed Accommodation booking at any time prior to the check-in date without penalty. To be eligible for a refund, less Processing Fees, notification of cancellation must be provided at least 14 days prior to check-in. Within 14 days of check-in, a full or partial refund may be provided only in the case that a new booking for the cancelled

6.2.2 Guest can cancel an Event or Experience booking at any time prior to the Event or Experience start date without penalty. To be eligible for a refund, less Processing Fees, notification of cancellation must be provided at least 3 days prior to the Event or Experience start date. Within 3 days of the start date, a partial refund of 50% may be provided.

6.2.3 Guests can cancel a Service with at least 14 days notice. Services enrolled on a recurring subscription basis must be cancelled prior to the commencement of the enrolled period. For example, to cancel services for the month of February, cancellation notice must be provided prior to February 1st, otherwise the cancellation will not take effect until the following month, March 1st.

6.3 If a CoCo or the Property cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking. In some instances, CoCo may allow the Guest to apply the refund to a new booking, in which case CoCo Payments will credit the amount against the Guest’s subsequent booking at the Guest’s direction.

6.4 For Experiences, Events and other Services, if weather poses a safety risk to Guests, or if it prevents a provider from carrying out a Service that takes place primarily outdoors, providers may cancel the Service. Providers may also cancel the Service if other conditions exist that would prevent the Service from being provided safely.

6.5 In certain circumstances, CoCo may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed booking and initiate corresponding refunds and payouts. This may be for reasons set forth in CoCo’s Extenuating Circumstances Policy or (i) where CoCo believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to CoCo, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.

7. Ratings and Reviews

7.1 Within a certain timeframe after completing a booking, Guests can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of CoCo. Ratings and Reviews are not verified by CoCo for accuracy and may be incorrect or misleading.

7.2 Ratings and Reviews by Guests must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject must comply with CoCo’s Content Policy and Extortion Policy.

7.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member or Property.

7.4 Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the CoCo Platform (such as the Listing page) together with other relevant information.

8. Damage to Accommodations, Disputes between Members

8.1 As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the Property (and the individuals the Property invites to the Accommodation, if applicable).

8.2 If a Property claims and provides evidence that you as a Guest have damaged an Accommodation or any personal or other property at an Accommodation (“Damage Claim”), the Property can seek payment from you. If a Property escalates a Damage Claim to CoCo, you will be given an opportunity to respond. If you agree to pay the Property, or CoCo determines in its sole discretion that you are responsible for the Damage Claim, CoCo via CoCo Payments will, after the end of your stay, collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim pursuant to the Payments Terms. CoCo also reserves the right to otherwise collect payment from you and pursue any remedies available to CoCo in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Properties.

8.3 Members agree to cooperate with and assist CoCo in good faith, and to provide CoCo with such information and take such actions as may be reasonably requested by CoCo, in connection with any Damage Claims or other complaints or claims made by Members relating to (i) Accommodations or any personal or other effects located at an Accommodation, (ii) Experiences, or (iii) Property Agreements. A Member shall, upon CoCo’s reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by CoCo or a third party selected by CoCo or its insurer, with respect to losses for which a Member is requesting payment from CoCo.

9. Rounding off

CoCo generally supports payment amounts that are payable from or to Guests to the smallest unit supported by a given currency (i.e., U.S. cents, Euro cents or other supported currencies). Where CoCo’s third-party payment services provider does not support payments in the smaller unit supported by a given currency, CoCo may, in its sole discretion, round up or round down the displayed amounts that are payable from or to Guests to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, Euro or other supported currency); for example, CoCo may round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00.

10. Prohibited Activities

10.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the CoCo Platform. In connection with your use of the CoCo Platform, you will not and will not assist or enable others to:

breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;

use the CoCo Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies CoCo endorsement, partnership or otherwise misleads others as to your affiliation with CoCo; copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the CoCo Platform in any way that is inconsistent with CoCo’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Members or third parties;

use the CoCo Platform in connection with the distribution of unsolicited commercial messages (“spam”);

unless CoCo explicitly permits otherwise, book any Listing if you will not actually be using the Services yourself;

contact another Member for any purpose other than asking a question related to your own booking, Listing, or the Member’s use of the CoCo Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;

use the CoCo Platform to request, make or accept a booking independent of the CoCo Platform, to circumvent any Service Fees or for any other reason;

request, accept or make any payment for Fees outside of the CoCo Platform or CoCo Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold CoCo harmless from any liability for such payment;

discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;

misuse or abuse any Listings or services associated with the CoCo Open Homes program as determined by CoCo in its sole discretion;

use, display, mirror or frame the CoCo Platform or Collective Content, or any individual element within the CoCo Platform, CoCo’s name, any CoCo trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the CoCo Platform, without CoCo’s express written consent;

dilute, tarnish or otherwise harm the CoCo brand in any way, including through unauthorized use of Collective Content, registering and/or using CoCo or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to CoCo domains, trademarks, taglines, promotional campaigns or Collective Content;

use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the CoCo Platform for any purpose;

avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by CoCo or any of CoCo’s providers or any other third party to protect the CoCo Platform;

attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the CoCo Platform; take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the CoCo Platform;

export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or violate or infringe anyone else’s rights or otherwise cause harm to anyone.

10.2 You acknowledge that CoCo has no obligation to monitor the access to or use of the CoCo Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the CoCo Platform (including without limitation 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) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist CoCo in good faith, and to provide CoCo with such information and take such actions as may be reasonably requested by CoCo with respect to any investigation undertaken by CoCo or a representative of CoCo regarding the use or abuse of the CoCo Platform. 14.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to CoCo by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).

11. Term and Termination, Suspension and other Measures

11.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or CoCo terminate the Agreement in accordance with this provision.

11.2 You may terminate this Agreement at any time by sending us an email. If you cancel your CoCo Account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the cancellation policy.

11.3 Without limiting our rights specified below, CoCo may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.

11.4 CoCo may immediately, without notice, terminate this Agreement and/or stop providing access to the CoCo Platform if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) CoCo believes in good faith that such action is reasonably necessary to protect the personal safety or property of CoCo, its Members, or third parties (for example in the case of fraudulent behavior of a Member).

11.5 In addition, CoCo may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the CoCo Account registration, Listing process or thereafter, (iv) you and/or your Listings or Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or CoCo otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) CoCo believes in good faith that such action is reasonably necessary to protect the personal safety or property of CoCo, its Members, or third parties, or to prevent fraud or other illegal activity: refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content; cancel any pending or confirmed bookings; limit your access to or use of the CoCo Platform; temporarily or permanently revoke any special status associated with your CoCo Account; temporarily or in case of severe or repeated offenses permanently suspend your CoCo Account and stop providing access to the CoCo Platform. In case of non-material breaches and where appropriate, you will be given notice of any intended measure by CoCo and an opportunity to resolve the issue to CoCo’s reasonable satisfaction.

11.6 If we take any of the measures described above (i) we may refund your Guests in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled. 11.7 When this Agreement has been terminated, you are not entitled to a restoration of your CoCo Account or any of your Member Content. If your access to or use of the CoCo Platform has been limited or your CoCo Account has been suspended or this Agreement has been terminated by us, you may not register a new CoCo Account or access and use the CoCo Platform through an CoCo Account of another Member.

12. Disclaimers

If you choose to use the CoCo Platform or Collective Content, you do so voluntarily and at your sole risk. The CoCo Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied. You agree that you have had whatever opportunity you deem necessary to investigate the CoCo Services, laws, rules, or regulations that may be applicable to your Listings and/or Services you are receiving and that you are not relying upon any statement of law or fact made by CoCo relating to a Listing. If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future. You agree that some Experiences, Events, other Services may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Services. You assume full responsibility for the choices you make before, during and after your participation in a Service. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your Service and to the maximum extent permitted by law, you agree to release and hold harmless CoCo from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Service or in any way related to your Service. The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

13. Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the CoCo Platform and Collective Content, your publishing or booking of any Listing via the CoCo Platform, your stay at any Accommodation, participation in any Experience or Event or use of any other Service or any other interaction you have with other Members whether in person or online remains with you. Neither CoCo nor any other party involved in creating, producing, or delivering the CoCo Platform or Collective Content will 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 damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the CoCo Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the CoCo Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not CoCo has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Properties and Providers pursuant to these Terms, in no event will CoCo’s aggregate liability arising out of or in connection with these Terms and your use of the CoCo Platform including, but not limited to, from your publishing or booking of any Listings via the CoCo Platform, or from the use of or inability to use the CoCo Platform or Collective Content and in connection with any Accommodation, Experiences, Event,other Service or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the CoCo Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between CoCo 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 U.S., this does not affect CoCo’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

14. Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at CoCo’s option), indemnify, and hold CoCo and its affiliates and subsidiaries, including but not limited to, CoCo Payments, and their officers, directors, employees and agents, 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 or our Policies or Standards, (ii) your improper use of the CoCo Platform or any CoCo Services, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience, Event or other Service, participation in the Group Payment 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) CoCo’s Collection and Remittance of Occupancy Taxes, or (v) your breach of any laws, regulations or third party rights.

15. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the CoCo Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the CoCo Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

16. General Provisions

16.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between CoCo and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between CoCo and you in relation to the access to and use of the CoCo Platform.

16.2 No joint venture, partnership, employment, or agency relationship exists between you and CoCo as a result of this Agreement or your use of the CoCo Platform.

16.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

16.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

16.5 CoCo’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.

16.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without CoCo’s prior written consent. CoCo 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 remains unaffected.

16.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by CoCo via email, CoCo Platform notification, or messaging service (including SMS and WeChat).

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

Payment Terms

Last Updated: 12 November, 2019

These Payments Terms constitute a legally binding agreement (“Agreement”) between you and CoCo Payments (as defined below) governing the Payment Services (defined below) conducted through or in connection with the CoCo Platform.

1. Scope and Use of the Payment Services

1.1 CoCo Payments provides payments services to Members, including payment collection services, payments and payouts, in connection with and through the CoCo Platform (“Payment Services”). Please note that “Payment Services” include CoCo Payments services associated with free Listings provided through CoCo’s Open Homes Program.

1.2 CoCo Payments may temporarily and under consideration of the Members’ legitimate interests (e.g., by providing prior notice), restrict the availability of the Payment Services, or certain services or features thereof, to carry out maintenance measures that ensure the proper or improved functioning of the Payment Services. CoCo Payments may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time. CoCo Payments will provide notice to Members of any changes to the Payment Services, unless such changes do not materially increase the Members’ contractual obligations or decrease the Members’ rights under these Payments Terms.

1.3 The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms and conditions and privacy practices and Members should review them independently. CoCo Payments is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by CoCo Payments of such Third-Party Services.

1.4 You may not use the Payment Services except as authorized by applicable laws.

1.5 Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable for a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.

  1. Modification of these Payments Terms CoCo Payments reserves the right to modify these Payments Terms at any time in accordance with this provision. If we make changes to these Payments Terms, we will post the revised Payments Terms on the CoCo Platform and update the “Last Updated” date at the top of these Payments Terms. We will also provide you with notice by email of the modification at least thirty (30) days before the date they become effective, however, Members contracting with CoCo Payments UK, CoCo Payments Luxembourg or CoCo Payments Australia will receive notice at least two (2) months prior to the effective date. If you disagree with the revised Payments Terms, you may terminate this Agreement with immediate effect. We will inform you about your right of refusal and your right to terminate this Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued use of the Payment Services will constitute acceptance of the revised Payments Terms.

2. Eligibility, Member Verification

2.1 You must be at least 18 years old and able to enter into legally binding contracts to use the Payment Services. By using the Payment Services you represent and warrant that you are 18 or older.

2.2 CoCo Payments may make access to and use of certain areas or features of the Payment Services subject to certain conditions or requirements, such as completing a verification process or meeting specific eligibility criteria.

2.3 We may make inquiries we consider necessary to help verify or check your identity or prevent fraud. Towards this end, you authorize CoCo Payments to screen you against third party databases or other sources and request reports from service providers. In some jurisdictions, we have a legal obligation to collect identity information to comply with anti-money laundering regulations. This may include (i) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; (ii) requiring you to take steps to confirm ownership of your email address, Payment Methods or Payout Methods; or (iii) attempting to screen your information against third-party databases. CoCo Payments reserves the right to close, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.

3. Account Registration

3.1 In order to use the Payment Services, you must have an CoCo Account in good standing. If you or CoCo closes your CoCo Account for any reason, you will no longer be able to use the Payment Services.

3.2 You may authorize a third party to use your CoCo Account in accordance with the CoCo Terms. You acknowledge and agree that anyone you authorize to use your CoCo Account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person. If you reside in the EEA and contract with CoCo Payments Luxembourg, this Section 5.2 does not apply.

4. Payment Methods and Payout Methods

4.1 When you add a Payment Method or Payout Method to your CoCo Account, you will be asked to provide customary billing information such as name, billing address, and financial instrument information either to CoCo Payments or its third-party payment processor(s). You must provide accurate, current, and complete information when adding a Payment Method or Payout Method, and it is your obligation to keep your Payment Method and Payout Method up-to-date at all times. The information required for Payout Methods will depend on the particular Payout Method and may include:

Your residential address, name on the account, account type, routing number, account number, email address, payout currency, identification number and account information associated with a particular payment processor.

4.2 When you add or use a new Payment Method, CoCo Payments may verify the Payment Method by authorizing a nominal amount or by authenticating your account via a third-party payment service provider. For further verification, we may also (i) authorize your Payment Method for one or two additional nominal amounts, and ask you to confirm these amounts, or (ii) require you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payout Method. When you add a Payment Method during checkout, we will automatically save that Payment Method to your CoCo Account so it can be used for a future transaction.

4.3 Please note that Payment Methods and Payout Methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing payments and Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and CoCo Payments is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method or Payout Method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your Payment Method or Payout Method.

4.4 You authorize CoCo Payments to store your Payment Method information and charge your Payment Method as outlined in these Payments Terms. If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partner or your bank and update your Payment Method on file in your CoCo Account.

4.5 You are solely responsible for the accuracy and completeness of your Payment Method and Payout Method information. CoCo Payments is not responsible for any loss suffered by you as a result of incorrect Payment Method or Payout Method information provided by you.

4.6. If your Contracting Entity’s location is different than the country of your Payment Method or your selected currency is different than your Payment Method’s billing currency, your payment may be processed outside your country of residence. For example, if you make a booking using a U.S.-issued card, but select Euro as your currency, your payment may be processed outside the U.S. Banks and credit card companies may impose international transaction fees and foreign exchange fees on such international transactions. In addition, if you select to pay with a currency that is different than your Payment Method’s billing currency, your bank or credit card company may convert the payment amount to your billing currency associated with you Payment Method, based on an exchange rate and fee amount determined solely by your bank. As a result, the amount listed on your card statement may be a different amount than that shown on checkout. Please contact your bank or credit card company if you have any questions about these fees or the applicable exchange rate.

5. Financial Terms for Guests

5.1 You authorize CoCo Payments to charge your Payment Method the Total Fees for any booking requested in connection with your CoCo Account. CoCo Payments will collect the Total Fees in the manner agreed between you and CoCo Payments via the CoCo Platform. CoCo Payments will generally collect the Total Fees after the Property accepts your booking request. However, if you pay with a push Payment Method (such as Sofort), CoCo Payments will collect the Total Fees at the time of your booking request or after the Property accepts your booking request. CoCo Payments may offer alternative options for the timing and manner of payment. For example, in some cases, Guests may be required to pay or have the option to pay for Property Services in multiple installments. Any additional fees for using offered payment options will be displayed via the CoCo Platform and included in the Total Fees, and you agree to pay such fees by selecting the payment option. Additional terms and conditions may apply for the use of an alternative payment option. If CoCo Payments is unable to collect the Total Fees as scheduled, CoCo Payments will collect the Total Fees at a later point. Once the payment transaction for your requested booking is successfully completed, you will receive a confirmation email.

5.2 When you request to book a Listing, CoCo Payments may also (i) obtain a pre-authorization via your Payment Method for the Total Fees, (ii) charge or authorize your Payment Method a nominal amount, to verify your Payment Method, or (iii) authenticate your account via a third-party payment service provider to verify your Payment Method.

5.3 If a requested booking is cancelled either because it is not accepted by the Property or you cancel the booking request before it is accepted by the Property, any amounts collected by CoCo Payments will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.

5.4 You authorize CoCo Payments to perform the Payment Method verifications described in Sections 6 and 8, and to charge your Payment Method for any bookings made in connection with your CoCo Account. You hereby authorize CoCo Payments to collect any amounts due,by charging the Payment Method provided at checkout, either directly by CoCo Payments or indirectly, via a third-party online payment processor, and/or by one or more of the payment methods available on the CoCo Platform (such as gift cards).

6. General Financial Terms

6.1 Fees

CoCo Payments may charge fees for use of certain Payment Services and any applicable fees will be disclosed to Members via the CoCo Platform.

6.2 Payment Authorizations

You authorize CoCo Payments to collect from you amounts due pursuant to these Payment Terms or the CoCo Terms. Specifically, you authorize CoCo Payments to collect from you:

Any amount due to CoCo (e.g., as a result of your bookings, Booking Modifications, cancellations, or other actions as a Guest, Co-Payer, Property or user of the CoCo Platform), including reimbursement for costs prepaid by CoCo on your behalf, by charging any Payment Method on file in your CoCo Account (unless you have previously removed the authorization to charge such Payment Method(s)) or by withholding such amounts from your future Payouts. Any funds collected by CoCo Payments will setoff the amount owed by you to CoCo and extinguish your obligation to CoCo. Any amount due to a Providing Member from a Purchasing Member which CoCo collects as the Providing Member’s payment collection agent as further set out in Section 9 above. Taxes, where applicable and as set out in the CoCo Terms. Any amount you pay through the Resolution Center in connection with your CoCo Account. CoCo Payments may do so by charging the Payment Method associated with the relevant booking, or any other Payment Method on file in your CoCo Account (unless you have previously removed the authorization to charge such Payment Method(s)), or by withholding the amount from your future Payouts. Overstay Fees payable under the CoCo Terms. In addition, CoCo Payments may recover any costs and expenses it incurs in collecting the Overstay Fees by charging any Payment Method(s) you have on file in your CoCo Account (unless you have previously removed the authorization to charge such Payment Method(s)). Fees improperly paid to you as a Property. If, as a Property, your Guest cancels a confirmed booking or CoCo decides that it is necessary to cancel a confirmed booking, and CoCo issues a refund to the Guest in accordance with the CoCo Terms, Guest Refund Policy, Experiences Guest Refund Policy, Extenuating Circumstances Policy, or other applicable cancellation policy, you agree that in the event you have already been paid, CoCo Payments will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you. Fees, costs and/or expenses associated with a Damage Claim, including any Security Deposit, as set out in the CoCo Terms. If CoCo Payments is unable to collect from your Payment Method used to make the booking, you agree that CoCo Payments may charge any other Payment Method on file in your CoCo Account at the time of the Damage Claim (unless you have previously removed the authorization to charge such Payment Method(s)). CoCo Payments also reserves the right to otherwise collect payment from you and pursue any remedies available to CoCo Payments in this regard in situations in which you are responsible for a Damage Claim pursuant to the CoCo Terms. In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.

6.3 Refunds

66.3.1 Any refunds or credits due to a Member pursuant to the CoCo Terms and Guest Refund Policy will be initiated and remitted by CoCo Payments in accordance with these Payments Terms.

6.3.2 CoCo Payments will process refunds immediately, however, the timing to receive any refund will vary based on the Payment Method and any applicable payment system (e.g., Visa, Mastercard, etc.) rules.

6.4 Recurring Payments

6.4.1 For certain bookings (such as for Accommodation Bookings of sixty (60) nights or more), CoCo Payments may require a Guest to make recurring, incremental payments toward the Total Fees owed (“Recurring Payments”). More information on Recurring Payments (including the amount and the frequency of payments) will be made available via the CoCo Platform if applicable to a booking.

6.4.2 If Recurring Payments apply to a confirmed booking, then the Guest authorizes CoCo Payments to collect the Total Fees, and the CoCo agrees that CoCo Payments will initiate Payouts, in the increments and at the frequency agreed to and identified via the CoCo Platform.

6.4.3 Guests may stop payment of a Recurring Payment by notifying CoCo Payments orally or in writing at least three (3) business days before the scheduled date of the payment. CoCo Payments may require that you give written confirmation of a stop-payment order within fourteen (14) days of an oral notification. If you fail to provide written confirmation within fourteen (14) days as requested, CoCo Payments is not obligated to honor your request to stop any future Recurring Payments. If you have any questions regarding your Recurring Payments, please contact CoCo Payments pursuant to Section 27.

6.5 Payment Processing Errors

We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payout Method or Payment Method used for the original Payout to or payment by you, so that you end up receiving or paying the correct amount. This may be performed by CoCo Payments or a third party such as your financial institution.

6.6 Collections

6.6.1 If CoCo Payments is unable to collect any amounts you owe under these Payments Terms, CoCo Payments may engage in collection efforts to recover such amounts from you.

6.6.2 CoCo Payments will deem any owed amounts overdue when: (a) for authorized charges, one hundred and twenty (120) days have elapsed after CoCo Payments first attempts to charge the Member’s Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Property’s future Payouts, two hundred and seventy (270) days have elapsed after the adjustment is made to the CoCo’s account or the associated services have been provided, whichever is later.

6.6.3 CoCo Payments will deem any overdue amounts not collected to be in default when three hundred and sixty five (365) days have elapsed: (a) for authorized charges, after CoCo Payments first attempts to charge the Member’s Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a CoCo’s future Payouts, after the adjustment is made to the CoCo’s account or the associated services have been provided, whichever is later.

6.6.4 You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail or by phone, as provided to CoCo and/or CoCo Payments by you. Such communication may be made by CoCo, CoCo Payments, or by anyone on their behalf, including but not limited to a third-party collection agent.

7. Security Deposits

7.1 If you as a Guest (i) agree to pay the Property in connection with a Damage Claim, or (ii) CoCo determines that you are responsible for damaging an Accommodation or any personal or other property located at an Accommodation pursuant to the CoCo Terms, you authorize CoCo Payments to charge the Payment Method used to make the booking in order to collect any Security Deposit associated with the Listing, as well as any amount of the Damage Claim exceeding any Security Deposit. If the Listing does not have a Security Deposit, CoCo Payments may charge the Payment Method used to make the booking for the amount of the Damage Claim. If we are unable to collect from your Payment Method used to make the booking, you agree that CoCo Payments may charge any other Payment Method on file (and not otherwise unauthorized) in your CoCo Account at the time of the Damage Claim.

7.2 CoCo Payments also reserves the right to otherwise collect payment from you and pursue any remedies available to CoCo Payments in situations in which you are responsible for a Damage Claim pursuant to the CoCo Terms.

8. Currency Conversion

CoCo Payments will process each transaction in the currency the Member selects via the CoCo Platform. The currencies available to make and receive payments for any given transaction may be limited for regulatory or operational reasons based on factors such as the Member’s selected Payment Method or Payout Method and/or the Member’s country of residence or CoCo contracting entity(ies). Any such limitations will be communicated via the CoCo Platform, and you will be prompted to select a different currency, Payment Method or Payout Method. Note that a Member’s third-party payment service provider may impose transaction, currency conversion or other fees based on the currency or Payment Method the Member selects to make or receive payments, and CoCo Payments is not responsible for any such fees and disclaims all liability in this regard.

9 . Abandoned Property

If we cannot initiate a Payout, refund, or pay other funds due to you for the relevant period of time set forth by your state, country, or other governing body in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by submitting such funds to the appropriate governing body as required by law.

10. Disclaimers

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

10.2 Notwithstanding CoCo Payments’ appointment as the limited payment collection agent of Providing Members for the purposes of accepting payments from Purchasing Members through the CoCo Platform, CoCo Payments explicitly disclaims all liability for any act or omission of any Member or other third party. CoCo Payments does not have any duties or obligations as agent for each Providing Member except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.

10.3 If we choose to conduct identity verification on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.

10.4 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.

11. Termination, Suspension, and other Measures

11.1 This Agreement will continue unless and until it is terminated, suspended or other measures are taken as described in this Section 20.

11.2 You may terminate this Agreement at any time by sending us an email, or by following the termination procedures specified in the CoCo Terms. Terminating this Agreement will also serve as notice to cancel your CoCo Account pursuant to the CoCo Terms.

11.3 Without limiting our rights specified below, CoCo Payments may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address (or two (2) months’ prior notice for Members contracting with CoCo Payments UK or CoCo Payments Luxembourg).

11.4 CoCo Payments may immediately, without notice terminate this Agreement 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 third-party rights; or (iv) CoCo Payments believes in good faith that such action is reasonably necessary to protect other Members, CoCo, CoCo Payments, or third parties (for example in the case of fraudulent behavior of a Member).

11.5 In addition, CoCo Payments may limit or temporarily or permanently 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, or if (ii) you have breached these Payments Terms, the CoCo Terms, applicable laws, regulations or third-party rights, (iii) you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, (iv) any amounts you owe under these Payments Term are overdue or in default, or (v) CoCo Payments believes in good faith that such action is reasonably necessary to protect the personal safety or property of CoCo, its Members, CoCo Payments, or third parties, or to prevent fraud or other illegal activity.

11.6 In case of non-material breaches and where appropriate, you will be given notice of any measure by CoCo Payments and an opportunity to resolve the issue to CoCo Payments’ reasonable satisfaction.

11.7 If CoCo Payments takes any of the measures described in this Section you may appeal such a decision by contacting customer service.

11.8 If your access to or use of the Payment Services has been limited or this Agreement has been terminated by us, you may not register a new CoCo Account or attempt to access and use the Payment Services through other an CoCo Account of another Member.

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