Terms of Service for European Users
As a user who resides in the EEA you can access the European Commission’s online dispute resolution platform here: https://ec.europa.eu/consumers/odr. Please note that Unitado is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers. The European Commission’s online dispute resolution platform is not available for residents of Switzerland or the United Kingdom.
Last Updated: February 25, 2022
Thank you for using Unitado!
These Terms of Service for European Users (“Terms”) are a binding legal agreement between you and Unitado that govern your right to use the websites, applications, and other offerings from Unitado (collectively, the “Unitado Platform”). When used in these Terms, “Unitado,” “we,” “us,” or “our” refers to the Unitado entity set out on Schedule 1 with whom you are contracting.
The Unitado Platform offers an online venue that enables users (“Members”) to publish, offer, search for, and book services. Members who publish and offer services are “Hosts” and Members who search for, book, or use services are “Guests.” Hosts offer accommodations (“Accommodations”), food, and a variety of support and other services (collectively, “Host Services,” and each Host Service offering, a “Listing”). You must register an account to access and use many features of the Unitado Platform, and must keep your account information accurate. As the provider of the Unitado Platform, Unitado does not own, control, offer or manage any Listings, Host Services, or tourism services. Unitado is not a party to the contracts entered into directly between Hosts and Guests, nor is Unitado a real estate broker, travel agency, insurer or an organiser or retailer of travel packages under Directive (EU) 2015/2302. Unitado is not acting as an agent in any capacity for any Member. To learn more about Unitado’s role see Section 16.
If you Host, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Host Services.
Table of Contents
1. Searching and using Unitado
2. Your Responsibilities.
3. Hosting on Unitado
4. Managing Your Listing
7. Unitado Platform Rules
8. Termination, Suspension and other Measures
9. Modification of these Terms
10. Unitado’s Role
11. Member Accounts
15. Contracting Entities
16. Applicable law and Jurisdiction
18. Contact Us
1. Searching and using Unitado
1.1 Searching. You can search for Host Services by using criteria like the category of Host Service, destination, 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, availability, popularity, previous searches and saved Listings, Host requirements, and more.
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) consistent with applicable law. If you stay past checkout, the Host has the right to make you leave in a manner consistent with applicable law. You may also not exceed the maximum number of allowed Guests communicated by the host.
1.4 Other Host Support. Any other offered host support entitles you to participate in, attend, or use that support. You are responsible for informing the Host of any medical or physical conditions, or other circumstances that may impact your ability to receive the proper support.
1.5 Booking Modifications. Hosts and Guests are responsible for any modifications they agree to make via the Unitado Platform.
2. 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 or Support. For example, this means: (i) you are responsible for leaving an Accommodation (and related personal property) in the condition it was in when you arrived, (ii) you are responsible for paying all Damage Claim amounts necessary to cover damage that you, your guest(s), or your pet(s) cause to an Accommodation, 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 authorised to act on behalf of the minor and you are solely responsible for the supervision of that minor.
3. Hosting on Unitado
3.1 Host. As a Host, Unitado offers you the right to use the Unitado Platform to share your Accommodation, Support, or other Host Service with our community of Guests. It’s easy to create a Listing and you are in control of how you host – availability, and rules for each Listing.
3.2 Contracting with Guests. When you accept a request, or receive a confirmation through the Unitado Platform, you are entering into a contract directly with the Guest, and are responsible for delivering the Host Service under the terms specified in your Listing. Any terms or conditions that you include in any supplement contract with Guests must: (i) be consistent with these Terms, our
Additional Legal Terms, Policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.
3.3 Independence of Hosts. Your relationship with Unitado is that of an independent individual or entity and not an employee, agent, joint venturer or partner of Unitado. Unitado does not direct or control your Host Service and you understand that you have complete discretion whether and when to provide Host Services and at what price and on what terms to offer them.
4. Managing Your Listing
4.1 Creating and Managing Your Listing. The Unitado Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Host Service and any rules or requirements that apply to your Guests or Listing. You are responsible for your acts and omissions as well as for keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Host Services and suggest you carefully review policy terms and conditions like coverage details and exclusions. You may only maintain one Listing per Accommodation, but may have multiple Listings for a single property if it has multiple places to stay.
4.2 Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations and contracts with third parties that apply to your Listing or Host Services. For example: Some landlords and leases, or homeowner and condominium association rules, restrict or prohibit subletting, short-term rentals and/or longer-term stays. Some cities have zoning or other laws that restrict the short-term rental of residential properties. Some jurisdictions require Hosts to register, get a permit, or obtain a license before providing certain Host Services (such as short-term rentals, longer-term stays, preparing food, serving alcohol for sale, guiding tours or operating a vehicle). In some places, the Host Services you want to offer may be prohibited altogether. Some jurisdictions require that you register Guests who stay at your Accommodation. Some jurisdictions have laws that create tenancy rights for Guests and additional obligations for Hosts. For example, some places have landlord-tenant, rent control, and eviction laws that may apply to longer stays. Check your local rules to learn what rules apply to the Host Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and these Terms. If you have questions about how local laws apply you should always seek legal advice.
4.3 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 establishing rules and requirements for your Listing. You must describe may not collect any fees or charges outside the Unitado Platform. Do not encourage Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Unitado Platform in violation of our policy.
4.4 Hosting as a Team or Organization. If you work with a co-host or host as part of a team, business or other organization, the entity and each individual who participates in providing Host Services, is responsible and liable as a Host under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct Unitado to transfer a portion of your payout to a co-host or other Hosts, or send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.
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 our policy. Reviews are not verified by Unitado for accuracy and may be incorrect or misleading.
7. Unitado Platform Rules
7.1 Rules. You must follow these rules and must not help or induce others to break or circumvent these rules.
- Act with integrity and treat others with respect
- Do not lie, misrepresent something or someone, or pretend to be someone else.
- Be polite and respectful when you communicate or interact with others.
- Do not discriminate against or harass others.
- Do not scrape, hack, reverse engineer, compromise or impair the Unitado Platform
- Do not use bots, crawlers, scrapers or other automated means to access or collect data or other content from or otherwise interact with the Unitado Platform.
- Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Unitado Platform or Content.
- Do not decipher, decompile, disassemble or reverse engineer any of the software or hardware used to provide the Unitado Platform.
- Do not take any action that could damage or adversely affect the performance or proper functioning of the Unitado Platform.
- Only use the Unitado Platform as authorized by these Terms or another agreement with us
- You may only use another Member’s personal information as necessary to facilitate a transaction using the Unitado Platform as authorized by these Terms.
- Do not use the Unitado Platform, our messaging tools, or Members’ personal information to send commercial messages without their express consent.
- You may use Content made available through the Unitado Platform solely as necessary to enable your use of the Unitado Platform as a Guest or Host.
- 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.
- 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 Unitado.
- Do not engage in any practices that are intended to manipulate our search algorithm.
- Do not book Host Services unless you are actually using the Host Services.
- Do not use, copy, display, mirror or frame the Unitado Platform, any Content, any Unitado branding, or any page layout or design without our consent.
- Honor your legal obligations
- Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
- Read and follow our Terms and Policies.
- Do not organize or facilitate unauthorized parties or events. You are responsible and liable for any party or event during your reservation.
- Do not use the name, logo, branding, or trademarks of Unitado or others without permission.
- Do not use or register any domain name, social media handle, trade name, trademark, branding, logo or other source identifier that may be confused with Unitado branding.
- Do not offer Host Services that violate the laws or agreements that apply to you.
- Do not offer or solicit prostitution or participate in or facilitate human trafficking.
7.2 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 Unitado. In addition, if you believe that a Member, Listing or Content has violated our standards, you should report your concerns to Unitado. If you reported an issue to local authorities, Unitado may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report.
7.3 Copyright Notifications. If you believe that Content on the Unitado Platform infringes copyrights, please notify us in accordance with our policy.
8. Termination, Suspension and other Measures.
8.1 Term. The agreement between you and Unitado reflected by these Terms remains in effect until either you or we terminate the agreement in accordance with these Terms.
8.2 Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. Unitado may terminate this agreement for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. Unitado may also terminate this agreement immediately and without prior notice and stop providing access to the Unitado Platform if (i) you materially breach these Terms or Policies, (ii) you violate applicable laws, or (iii) such action is necessary to protect the personal safety or property of Unitado, 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.
8.3 Member Violations. If (i) you breach these Terms and Policies, or our Standards, (ii) you violate applicable laws, regulations or third party rights, (iii) you have repeatedly received poor Reviews or Unitado 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) such action is necessary to protect the personal safety or property of Unitado, its Members, or third parties, Unitado may:
- suspend or limit your access to or use of the Unitado Platform and/or your account;
- suspend or remove Listings, Reviews, or other Content;
- cancel pending or confirmed bookings; or
- suspend or revoke any special status associated with your account.
In case of non-material violations or where otherwise appropriate, you will be given notice of any intended measure by Unitado and an opportunity to resolve the issue, 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.
8.4 Legal Mandates. Unitado 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.
8.5 Effect of Termination. 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 Unitado Platform has been limited, or your Unitado account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Unitado Platform through an account of another Member.
8.6 Appeal. If Unitado takes any of the measures described in this Section 13 you may appeal such a decision by contacting our customer service.
9. Modification of these Terms.
When we propose changes to these Terms, we will post the revised Terms on the Unitado 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 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 Unitado, 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 Unitado Platform after the effective date of the proposed changes will constitute acceptance of the revised Terms.
10. Unitado’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. Unitado is not and does not become a party to or other participant in any contractual relationship between Members. Unitado is not acting as an agent for any Member except for where While we work hard to ensure our Members have great experiences using Unitado, 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 Unitado has no general obligation to monitor the use of the Unitado Platform and verify information provided by our Members, but has the right to review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Unitado 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. You may appeal such a decision by contacting our customer service. Members agree to cooperate with and assist Unitado in good faith, and to provide Unitado with such information and take such actions as may be reasonably requested by Unitado with respect to any investigation undertaken by Unitado regarding the use or abuse of the Unitado Platform.
11. Member Accounts
You must register an account to access and use many features of the Unitado Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Unitado Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You must immediately notify Unitado if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. You are responsible and liable for activities conducted through your Unitado Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials). If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
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 Unitado 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 Unitado Platform. Unitado may, temporarily and under consideration of the Members’ legitimate interests (e.g. by providing prior notice), restrict the availability of the Unitado 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 Unitado Platform.
Unitado is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. For any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents Unitado’s liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of Unitado in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract. Any additional liability of Unitado is excluded.
To the maximum extent permitted by applicable law, you agree to release, defend (at Unitado’s option), indemnify, and hold Unitado (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
Terms, Policies, or Standards, (ii) your improper use of the Unitado Platform, (iii) your interaction with any Member, stay at an Accommodation 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.
15. Contracting Entities
Based on your country of residence or establishment and what you are doing on the Unitado Platform, Schedule 1 below sets out the Unitado entity with whom you are contracting. If we identify through the Unitado Platform, an Unitado entity other than the one set out on Schedule 1 as being responsible for a product, feature or transaction, the Unitado entity so identified is your contracting entity with respect to that product, feature or transaction. If you change your country of residence or establishment to a country outside of the EEA, Switzerland or the United Kingdom, the Unitado company you contract with and the applicable version of the Terms of Service will be determined by your new country of residence or establishment, from the date on which your country of residence or establishment changes.
16. 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 bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of Unitado’s place of business in Ireland. If Unitado 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.
17.1 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 Unitado and you pertaining to your access to or use of the Unitado Platform and supersede any and all prior oral or written understandings or agreements between Unitado and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Unitado. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 24.11 below, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
17.2 No Waiver. Unitado’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.
17.3 Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Unitado’s prior written consent. Unitado 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.
17.4 Notice. Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by Unitado via email, Unitado Platform notification, messaging service, or any other contact method we enable you to provide.
17.5 Third-Party Services. The Unitado Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Unitado is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.
17.6 Google Terms. Some translations on the Unitado 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 Unitado 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.
17.7 Unitado Platform Content. Content made available through the Unitado 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 Unitado 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 Unitado 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, Unitado 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 Unitado Platform and accessible to you, solely for your personal and non-commercial use.
17.8 Force Majeure. Unitado shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
17.9 Emails. You will receive administrative communications from us using the email address or other contact information you provide for your Unitado account. Enrolment 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 notification emails from us.
18. Contact Us. If you have any questions about these Terms please email us at firstname.lastname@example.org