Refund Policy

Last Updated: June 1, 2012

These terms and conditions govern the Guestnest Guest Refund Policy (the "Guest Refund Policy ") available to Guests who pay a security deposit and first month's rent for a Room Rental listed by a Host through the Guestnest platform (the "Site") and suffer a Rental Issue and the obligations of the Host associated with the Guest Refund Policy.

1. Rental Issue. A "Rental Issue" means any one of the following:
(a) the Host of the Room Rental (i) cancels a reservation shortly before the scheduled start of the reservation, or (ii) fails to provide the Guest with the reasonable ability to move into the Room Rental (e.g., by providing the keys and/or a security code).
(b) the description of the Room Rental in the listing on the Site is materially inaccurate with respect to:
(i) the size of the Room Rental (e.g., the size of the room itself or the main home of which the room is a part),
(ii) whether the reservation for the Room Rental is for a private room or shared room, (iii) amenities or features represented in the listing description are not provided or do not function, such as bathrooms (toilet/shower/bathtub), kitchen (sink/stove/refrigerator or major other appliances), and electrical, heating or air condition systems, or
(iv) the physical location of the Room Rental (proximity).
(c) at the start of the Guest's rental term, the Room Rental: (i) is not generally clean and sanitary (ii) contains safety or health hazards that would be reasonably expected to adversely affect the Guest's residence in the Room Rental in Guestnest's judgment, or (iii) has vermin or contains pets not disclosed on the listing.

2. The Guest Refund Policy. If you are a Guest and suffer a Rental Issue, we agree, at our discretion, to either (i) reimburse you up to the amount paid by you through the Site, as determined by Guestnest in our discretion, depending on the nature of the Rental Issue suffered or (ii) use our reasonable efforts to find and secure another Room Rental for the confirmed rental term as stated in your confirmed Room Rental Agreement which in our determination is reasonably comparable to the Room Rental described in your original Room Rental in terms of size, features and quality. All determinations of Guestnest with respect to the Guest Refund Policy, including without limitation the size of any refund, shall be final and binding on the Guests and Hosts.

3. Conditions to Claim a Rental Issue. Only a Guest may submit a claim for a Rental Issue. If you are a Guest, in order to submit a valid claim for a Rental Issue and receive the benefits with respect to your rental term, you are required to meet each of the following conditions:
(a) you must bring the Rental Issue to our attention in writing (Guestnest.com/contact) or via telephone and provide us with information (including photographs or other evidence) about the Room Rental and the circumstances of the Rental Issue within 24 hours after the start of your reservation, and must respond to any requests by us for additional information or cooperation on the Rental Issue.
(b) you must not have directly or indirectly caused the Rental Issue (through your action, omission or negligence).
(c) you must have used reasonable efforts to try to remedy the circumstances of the Rental Issue with the Host prior to making a claim for a Rental Issue.

4. Minimum Quality Standards, Host Responsibilities and Reimbursement to Guest. If you are a Host, you are responsible for ensuring that the Room Rentals you list on the Site meet minimum quality standards regarding access, adequacy of the description on the Site, safety, cleanliness, and do not present a Guest with Rental Issues. During the 24-hour period following the Guest's move-in, Hosts should be available, or make a third-party available, in order to try, in good faith, to resolve Guest issues.
If you are a Host, and if (i) Guestnest determines that a Guest has suffered a Rental Issue related to a Room Rental listed by you and (ii) Guestnest either reimburses that Guest any amount up to the amount paid by the Guest through the Site for the Room Rental or provides an alternative Room Rental to the Guest, you agree to reimburse Guestnest up to the amount paid by Guestnest within 30 days of Guestnest's request. All determinations of Guestnest with respect to the Guest Refund Policy, including without limitation the size of any refund to the Guest, shall be final and binding on the Guests and Hosts. You also agree that in order for you to reimburse Guestnest up to the amount paid by Guestnest, Guestnest may off-set or reduce any amounts owed by Guestnest to you by this amount. If the Guest remains for part or all of the Room Rental term despite the Rental Issue, the Guest will receive a refund that will reduce the amount of the Room Rental Fees ultimately paid to you. If the Guest is relocated to an alternative Room Rental, you may lose part or all of the Room Rental Fee payment for the Room Rental and you may be responsible for reasonable additional costs incurred to relocate the Guest to the alternative Room Rental.
The rights of the Guests under the Guest Refund Policy supersede the cancellation policy established by a Host. If you dispute the Rental Issue you may notify us in writing (Guestnest.com/contact) or via telephone and provide us with information (including photographs or other evidence) disputing the claims regarding the Rental Issue, provided you must have used reasonable and good faith efforts to try to remedy the Rental Issue with the Guest prior to disputing the Rental Issue claim. You agree that all determinations of Guestnest with respect to the Rental Issue shall be final and binding on the Guests and Hosts regardless of your submission of a dispute against such Rental Issue. In the event of one or more Rental Issues, Guestnest, in its discretion, may elect to take additional actions. These actions include, but are not limited to, negatively affecting your listing ranking, automated reviews indicating Rental Issues, cancelling future Room Rental reservations, suspending or removing the listing of the Room Rental or imposing penalties or fees for the administrative burden associated with the Rental Issues.

5. General Provisions.
(a) No Assignment/No Insurance. This Guest Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Guest, and the Guest has not paid any premium in respect of the Guest Refund Policy. The benefits provided under this Guest Refund Policy are not assignable or transferable by you.
(b) Modification or Termination. Guestnest reserves the right to modify or terminate this Guest Refund Policy, at any time, in its sole discretion, and without prior notice. If Guestnest modifies this Guest Refund Policy, we will post the modification on the Site or provide you with notice of the modification and Guestnest will continue to process all claims for Rental Issues made prior to the effective date of the modification.
(c) Entire Agreement and Definitions. This Guest Refund Policy constitutes the entire and exclusive understanding and agreement between Guestnest and you regarding the Guest Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between Guestnest and you regarding the Guest Refund Policy. Capitalized terms not otherwise defined herein shall have the meaning set forth in the Guestnest Terms of Service.
(d) Controlling Law. This Guest Refund Policy will be interpreted in accordance with the laws of the State of Florida and the United States of America, without regard to its conflict-of-law provisions.
(e) Limitation of Liability. IN NO EVENT WILL GUESTNEST'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS GUESTNEST POLICY TERMS, EXCEED THE AMOUNT OF THE ROOM RENTAL FEES COLLECTED BY GUESTNEST FROM THE GUEST. 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.
YOU ACKNOWLEDGE AND AGREE THAT, BY POSTING A LISTING OR SECURING A ROOM RENTAL OR OTHERWISE USING THE SITE, SERVICES AS A HOST OR GUEST, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE POLICY TERMS.

6. Contacting Guestnest. If you have any questions about the Guest Refund Policy, please contact Guestnest at http://Guestnest.com/contact.