Airbnb Guest Booking Agreement for Nerissa-Rye – Managed by Claire Evans

Last Updated: 8/8/23

These are the terms and conditions for the booking agreement ("Agreement") for your stay at Nerissa-Rye, a property listed on the Airbnb platform, and managed by Claire Evans ("Host"). Please read this Agreement carefully before making your booking.

Your Booking

1.1 By confirming your booking, you are granted a limited license by the Host to enter, occupy, and use Nerissa-Rye for the duration of your stay. Upon confirmation, you will receive a confirmation email containing the location and dates of your stay. In case of any issues during your stay, please notify Claire Evans and contact Airbnb customer service in accordance with the Airbnb Guest Refund Policy.

1.2 During your booking process, you may be offered additional services, equipment, and experiences to enhance your stay at Nerissa-Rye ("Additional Guest Services"). You are not obligated to book any of these services. If you choose to request Additional Guest Services, you authorize Airbnb and its Affiliates to book them on your behalf. The providers of Additional Guest Services are independent contractors, and Airbnb and its Affiliates are not responsible for their services.

1.3 The Airbnb Guest Refund Policy, applicable Airbnb Cancellation Policy, and all terms and conditions related to Nerissa-Rye, including villa details and rules, are incorporated into this Agreement.

Payments and Security Deposit

2.1 All fees related to booking Nerissa-Rye, including accommodation fees, service fees, hospitality fees, taxes, and any fees specified in the villa details and rules, are presented to you before confirming your booking. You agree to pay the total amount due at the time of booking using your authorised Payment Method, unless otherwise specified.

2.2 Your Payment Method will also serve as collateral for any damages to Nerissa-Rye or its contents caused by you during your stay, as well as for any unpaid amounts owed under this Agreement. If a security deposit is required, Airbnb and its Affiliates will place a hold on your Payment Method for the deposit at the time of booking.

2.3 Please note that any separate fees or security deposits agreed upon with the Host directly are not collected or remitted by Airbnb or its Affiliates.

2.4 For Additional Guest Services, the rates and charges will be presented to you before booking the service, and you will be charged at the time of booking unless otherwise specified.

Use of Nerissa-Rye

3.1 During your stay at Nerissa-Rye, you are responsible for complying with all applicable laws, rules, and regulations related to the property, its grounds, vehicles, pools, appliances, and equipment. You agree to follow any house manuals provided by the Host.

3.2 The maximum number of guests specified for the booking must not be exceeded without prior written approval from the Host. Parties, weddings, receptions, or any events drawing additional neighbourhood traffic are only allowed with the Host's prior written approval.

3.3 You must use any amenities at Nerissa-Rye, such as the pool, hot tub, beach, equipment, vehicles, fireplaces, etc., at your own risk, and ensure that children and non-swimmers are supervised at all times.

3.4 Pets are not permitted.

3.5 Please arrive at Nerissa-Rye no earlier than the check-in time and leave no later than the check-out time specified in your booking, unless approved by the Host in writing.

Booking Cancellations, Refunds, and Modifications

4.1 Cancellation, refund, and modification policies are presented to you before booking, and you should review them carefully. Depending on the circumstances, refunds may vary based on payment systems.

4.2 Any changes to your booking require prior approval from the Host and Airbnb. Additional fees and conditions may apply.

4.3 Travel to certain destinations may require specific documentation (e.g., passports and visas), and you are responsible for checking and complying with such requirements. Nerissa-Rye and Airbnb are not liable for damages or losses resulting from travel to such destinations or any weather or seasonal conditions affecting your stay.

4.4 Additional Guest Services are subject to the policies of the third-party service providers offering them. Airbnb and its Affiliates are not parties to agreements between you and third-party service providers.

Damages

5.1 You are solely responsible for any damages, liabilities, injuries, losses, and fines caused by you or anyone invited by you to Nerissa-Rye.

5.2 In case of any damages, the Host may claim and provide evidence for reimbursement. You agree that your Payment Method may be charged for the security deposit associated with Nerissa-Rye, as well as any amount exceeding the deposit if damages are deemed valid.

Force Majeure

6.1 Neither Airbnb (including its Affiliates) nor the Host shall be liable for any default or delay in performance under this Agreement due to events beyond their control, including but not limited to natural disasters, acts of God, riots, strikes, and pandemics.

Limitation of Liability

7.1 To the maximum extent permitted by law, you acknowledge and agree that the entire risk arising from your booking, stay, and interactions with the Host and third-party services remains with you. Neither Airbnb nor its Affiliates shall be liable for any accidents, losses, damages, or injuries during your stay.

7.2 In no event will the aggregate liability of Airbnb and its Affiliates exceed the total amount paid by you for the booking or one hundred US dollars (US$100), whichever is greater.

Indemnification

8.1 You agree to release, defend, indemnify, and hold Airbnb and its Affiliates harmless from any claims, liabilities, damages, losses, and expenses arising from your breach of this Agreement or any third-party rights.

Dispute Resolution and Arbitration Agreement

9.1 The Parties agree to use good faith efforts to resolve disputes before initiating arbitration or litigation.

9.2 If you reside in the United States or bring a claim against Airbnb in the United States, disputes shall be settled through arbitration administered by the American Arbitration Association (AAA) according to its Consumer Arbitration Rules. The Parties waive the right to a jury trial and class actions.

9.3 For Guests residing outside of the United States, this Agreement will be governed by and interpreted in accordance with Irish law. The choice of law does not affect your rights as a consumer according to the consumer protection regulations of your country of residence. Legal proceedings may be brought in courts located in Ireland or your place of residence.

General Terms

10.1 For notices under this Agreement, please contact Airbnb at the address provided in the Platform Terms. You consent to the use of your personal data in accordance with Airbnb's Privacy Policy.

10.2 You acknowledge that Airbnb acts as a facilitator for reservations at Nerissa-Rye. Upon confirmation, an agreement is formed between you and the Host, subject to the Host's additional terms and conditions. Airbnb and its Affiliates do not have control over Nerissa-Rye and are not responsible for its condition or accuracy of information.

10.3 You may not assign this Agreement without Airbnb's prior written consent. Airbnb may assign this Agreement with 30 days prior notice.

10.4 If any provision of this Agreement is invalid or unenforceable, the remaining provisions shall remain valid and enforceable. This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements.

10.5 Airbnb may terminate this Agreement and cancel any pending or confirmed bookings with 30 days notice and a full refund. Immediate termination may occur in case of material breach of this Agreement, violation of laws or regulations, or to protect the safety of parties involved.

10.6 The Parties acknowledge and agree to waive the right to a jury trial and class actions for any disputes arising under this Agreement.