Scope of Safiri Services
(i)The Safiri Platform is an online platform that enables registered users (“Partners”) and certain third parties who offer services (Partners and third parties who offer services are “Hosts” and the services they offer are “Host Services”) to publish such Host Services on the Safiri Platform (“Listings”) and to communicate and transact directly with Partners that are seeking to book such Host Services (Partners using Host Services are “Guests”). Host Services may include the offering of private homes or other properties for use (“Accommodations“), single or multi-day activities in various categories (“Experiences”), access to unique events and locations (“Events”), and a variety of other travel and non-travel related services such as those offered by our advertisers.
(ii) Hosts alone are responsible for their Listings and Host Services. When Partners make or accept a booking, they are entering into a contract directly with each other. Safiri is not and does not become a party to or other participants in any contractual relationship between Partners, nor is Safiri a real estate broker or insurer. Safiri is not acting as an agent in any capacity for any Partner, except as specified in the Payments Terms.
(iii) While we may help facilitate the resolution of disputes, Safiri has no control over and does not guarantee (a) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (b) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Partner Content (as defined below), or (c) the performance or conduct of any Partner or third party. Safiri does not endorse any Partner, Listing or Host Services. Any references to a Partner being “verified” (or similar language) only indicate that the Partner has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Safiri about any Partner, including the Partner’s identity or background or whether the Partner 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 Host Services, accept a booking request, or communicate and interact with other Partners, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken and are therefore not an endorsement by Safiri of any Host or Listing.
(iv) If you choose to use the Safiri Platform as a Host, your relationship with Safiri is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Safiri for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Safiri. Safiri does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Host Services. You acknowledge and agree that you have complete discretion on whether to list Host Services or otherwise engage in other business activities.
(v) To promote the Safiri Platform and to increase the exposure of Listings to potential Guests, Listings and other Partner Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Partners who speak different languages, Listings and other Partner Content may be translated, in whole or in part, into other languages. Safiri cannot guarantee the accuracy or quality of such translations and Partners are responsible for reviewing and verifying the accuracy of such translations. The Safiri Platform may contain translations 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.
(vi) The Safiri 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. Safiri 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 Safiri of such Third-Party Services.
(vii) Due to the nature of the Internet, Safiri cannot guarantee the continuous and uninterrupted availability and accessibility of the Safiri Platform. Safiri may restrict the availability of the Safiri Platform or certain areas or features thereof if this is necessary for the 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 Safiri Platform. Safiri may improve, enhance and modify the Safiri Platform and introduce new Safiri Services from time to time.
Eligibility, Using the Safiri Platform, Partner Verification
In order to access and use the Safiri Platform or register a Safiri 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.
Safiri may make access to and use of the Safiri Platform, or certain areas or features of the Safiri Platform, subject to certain conditions, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Review thresholds, or a Partner’s booking and cancellation history.
User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Partner’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 Partners to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Partners, (ii) screen Partners against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Partner, 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).
The access to or use of certain areas and features of the Safiri 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 Safiri Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Safiri 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.
Modification of these Terms
Safiri 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 Safiri Platform and update the “Last Updated” date at the top of these Terms. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. Your continued access to or use of the Safiri Platform will constitute acceptance of the revised Terms.
You must register an account (“Safiri Account“) to access and use certain features of the Safiri Platform, such as publishing or booking a Listing. If you are registering a Safiri Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
You can register a Safiri Account using an email address and creating a password.
You must provide accurate, current and complete information during the registration process and keep your Safiri Account and public Safiri Account profile page information up to date at all times.
You may not register more than one (1) Safiri Account unless Safiri authorizes you to do so. You may not assign or otherwise transfer your Safiri Account to another party.
You are responsible for maintaining the confidentiality and security of your Safiri Account credentials and may not disclose your credentials to any third party. You must immediately notify Safiri if you know or have any reason to suspect that your credentials have been lost, stolen, or otherwise compromised or in case of any known or suspected unauthorized use of your Safiri Account. You are liable for any and all activities conducted through your Safiri 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).
Safiri may enable features that allow you to authorize other Partners or certain third parties to take certain actions that affect your Safiri Account. For example, we may enable Partners to link their Safiri Accounts to businesses and take actions for those businesses, we may enable eligible Partners or certain third parties to book Listings on behalf of other Partners. These features do not require that you share your credentials with any other person. No third party is authorized by Safiri to ask for your credentials, and you shall not request the credentials of another Partner.
Safiri may, at its sole discretion, enable Partners to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Safiri Platform (“Partner Content“); and (ii) access and view Partner Content and any content that Safiri itself makes available on or through the Safiri Platform, including proprietary Safiri content and any content licensed or authorized for use by or through Safiri from a third party (“Safiri Content” and together with Partner Content, “Collective Content“).
The Safiri Platform, Safiri Content, and Partner Content may in its entirety or in part be protected by copyright, trademark, and/or laws of various countries. You acknowledge and agree that the Safiri Platform and Safiri Content, including all associated intellectual property rights, are the exclusive property of Safiri and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Safiri Platform, Safiri Content or Partner Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Safiri used on or in connection with the Safiri Platform and Safiri Content are trademarks or registered trademarks of Safiri. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Safiri Platform, Safiri Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Safiri Platform or Collective Content, except to the extent you are the legal owner of certain Partner Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Safiri or its licensors, except for the licenses and rights expressly granted in these Terms.
Subject to your compliance with these Terms, Safiri 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 any Collective Content made available on or through the Safiri Platform and accessible to you, solely for your personal and non-commercial use.
Safiri may offer Hosts the option of having professional photographers take photographs of their Host Services, which are made available by the photographer to Hosts to include in their Listings with or without a watermark or tag bearing the words “Safirisafari.com Verified Photo” or similar wording (“Verified Images“). You are responsible for ensuring that your Host Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the Safiri Platform if they no longer accurately represent your Listing, if you stop hosting the Host Service featured, or if your Safiri Account is terminated or suspended for any reason. You acknowledge and agree that Safiri shall have the right to use any Verified Images in accordance with this policy for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where Safiri is not the exclusive owner of Verified Images, by using such Verified Images on or through the Safiri Platform, you grant to Safiri an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Safiri, in turn, grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the Safiri Platform solely for your personal and non-commercial use.
You are solely responsible for all Partner Content that you make available on or through the Safiri Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Partner Content that you make available on or through the Safiri Platform or you have all rights, licenses, consents and releases that are necessary to grant to Safiri the rights in and to such Partner Content, as contemplated under these Terms; and (ii) neither the Partner Content nor your posting, uploading, publication, submission or transmittal of the Partner Content or Safiri’s use of the Partner Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You will not post, upload, publish, submit or transmit any Partner Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates Safiri’s Content Policy or any other Safiri policy. Safiri may, without prior notice, remove or disable access to any Partner Content that Safiri finds to be in violation of applicable law, these Terms or Safiri’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Safiri, its Partners, third parties, or property.
Safiri respects copyright law and expects its Partners to do the same. If you believe that any content on the Safiri Platform infringes copyrights you own, please notify us through firstname.lastname@example.org.
The following content is never allowed on Safiri:
- Content created solely for the purpose of advertising or other commercial content, including company logos, links, or company names
- Spam, unwanted contact, or content that is shared repeatedly in a disruptive manner
- Content that endorses or promotes illegal or harmful activity or that is profane, vulgar, obscene, threatening, or harassing
- Content that is discriminatory
- Attempts to impersonate another person, account, or entity
- Content that is illegal or that violates another person’s or entity’s rights, including intellectual property rights and privacy rights
- Content that shares confidential information in an unauthorized manner
- Content that may pose a personal safety risk to a Safiri community Partner
- Listing titles must provide information relevant to the listing type, style, or experience
- Listing titles must not include symbols or emojis
Safiri may charge fees to Hosts (“Host Fees“) and/or Guests (“Guest Fees“) (collectively, “Service Fees“) in consideration for the use of the Safiri Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.
Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host or Guest prior to publishing or booking a Listing. Safiri reserves the right to change the Service Fees at any time and will provide Partners 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.
You are responsible for paying any Service Fees that you owe to Safiri. The applicable Service Fees (including any applicable Taxes) are collected by Safiri Payments. Safiri Payments will deduct any Host Fees from the Listing Fee before remitting the payout to the Host. Any Guest Fees are included in the Total Fees collected by Safiri Payments. Except as otherwise provided on the Safiri Platform, Service Fees are non-refundable.
Terms applicable to ALL bookings
Subject to meeting any requirements (such as completing any verification processes) set by Safiri and/or the Host, you can book a Listing available on the Safiri Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security 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 Safiri Account.
Upon receipt of a booking confirmation from Safiri, a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. Safiri Payments will collect the Total Fees at the time of the booking request or upon the Host’s confirmation. For certain bookings, Guests may be required to pay or have the option to pay in multiple installments.
If you book a Host Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Host, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Host. If you are looking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Experience, Event or other Host Service if accompanied by an adult who is responsible for them.
You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by the Host to enter, occupy and use the Accommodation for the duration of your stay, during which time the Host (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 Host.
You agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host. If you stay past the agreed upon checkout time without the Host’s consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Host, 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 Host, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by the Host 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 Host as a result of such Overstay. If you Overstay at an Accommodation, you authorize Safiri (via Safiri Payments) to charge you to collect Overstay Fees. A Security Deposit, if required by a Host, may be applied to any Overstay Fees due for a Guest’s Overstay.
Booking Experiences, Events, and other Host Services
You should carefully review the description of any Experience, Event or other Host 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 that the Host has specified in their Listing. At your sole discretion, you may want to inform the Host 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 Host Service. In addition, certain laws, like the minimum legal drinking age in the location of the Experience, Event or other Host 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 Host Service.
Before and during an Experience, Event or other Host Service you must at all times adhere to the Hosts’ instructions.
You may not bring any additional individuals to an Experience, Event or other Host Service unless such an individual was added by you as an additional guest during the booking process on the Safiri Platform.
Booking Modifications, Cancellations, and Refunds, Resolution Center
Hosts and Guests are responsible for any modifications to a booking that they make via the Safiri Platform or direct Safiri customer service to make (“Booking Modifications“) and agree to pay any additional Listing Fees, Host Fees or Guest Fees and/or Taxes associated with such Booking Modifications.
Guests can cancel a confirmed booking at any time subject to the Listing’s cancellation policy set by the Host, and Safiri Payments will refund the amount of the Total Fees due to the Guest in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the Host under the applicable cancellation policy will be remitted to the Host by Safiri Payments pursuant to the Payments Terms.
If a Host cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking. In some instances, Safiri may allow the Guest to apply the refund to a new booking, in which case Safiri Payments will credit the amount against the Guest’s subsequent booking at the Guest’s direction. Further, Safiri may publish an automated review on the Listing canceled by the Host indicating that a booking was canceled. In addition, Safiri may (i) keep the calendar for the listing unavailable or blocked for the dates of the canceled booking, and/or (ii) impose a cancellation fee, unless the Host has a valid reason for canceling the booking pursuant to Safiri’s Extenuating Circumstances Policy or has legitimate concerns about the Guest’s behavior.
For Experiences, Events and other Host Services, if weather poses a safety risk to guests, or if it prevents a Host from carrying out a Host Service that takes place primarily outdoors, Hosts may cancel the Host Service. Hosts may also cancel the Host Service if other conditions exist that would prevent the Host from offering the Host Service safely.
In certain circumstances, Safiri may decide, at 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 Safiri’s Extenuating Circumstances Policy or (i) where Safiri believes in good faith while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Safiri, other Partners, third parties or property, or (ii) for any of the reasons set out in these Terms.
If a Guest who books an Accommodation suffers a Travel Issue as defined in the Guest Refund Policy, Safiri may determine, in its sole discretion, to refund the Guest part or all of the Total Fees in accordance with the Guest Refund Policy. If a Guest who books an Experience, Event or other Host Service suffers a Travel Issue as defined in the Experiences Guest Refund Policy, Safiri may determine, in its sole discretion, to refund the Guest part or all of the Total Fees in accordance with the Experiences Guest Refund Policy.
If a Guest or Safiri cancels a confirmed booking, and the Guest receives a refund in accordance with the Guest Refund Policy, Experiences Guest Refund Policy, Extenuating Circumstances Policy, or the applicable cancellation policy set by the Host and mentioned in the Listing, after the Host has already been paid, Safiri Payments will be entitled to recover the amount of any such refund from the Host, including by subtracting such refund amount out from any future Payouts due to the Host.
Except as otherwise set out in these Terms, Partners may use the Resolution Center to send or request money for refunds, additional Host Services or Damage Claims related to bookings. You agree to pay all amounts sent through the Resolution Center in connection with your Safiri Account, and Safiri Payments will handle all such payments.
Extenuating Circumstances Policy
Safiri may be able to give you a refund or waive the cancellation penalties if you have to cancel because of an unexpected circumstance that’s out of your control. Below is a list of circumstances covered by our Extenuating Circumstances Policy. Before you cancel, check that your circumstance is included in the list below and that you can provide the required documentation
Penalty-free cancelations are only available for extenuating circumstances that occur after the booking is made and before the official check-in date for your reservation.
Circumstances that require documentation
Death of a host, guest, additional guest, immediate family member, or caregiver. You’ll be asked to provide proof such as a copy of an obituary, death certificate, or police report.
Unexpected serious illness or injury affecting a host or member of the traveling party. You’ll need to provide a statement from a physician confirming that the person can’t host or travel due to serious illness or injury. The statement must be dated after the reservation was booked and prior to the start date.
Unexpected damage to the property that would make it unsafe to host a guest may fall into this category. You will be required to show documentation including photos of the damage, estimate on when it will be fixed, and a quote for the fixes.
If travel disruptions caused by natural disasters such as earthquakes or severe storms affect the Host’s or Guests’ ability to honor the reservation, you’ll be required to provide supporting evidence such as a copy of media coverage.
A refund may also be issued if:
- The Host fails to carry out the booked Experience
- The Host makes significant changes to the Experience after booking
All requests for a refund must be submitted within 14 days of cancellation.
Guest Refund Policy
The Guest’s rights under this Guest Refund Policy will supersede the Host’s cancellation policy.
To submit a claim for a refund without penalties, the cancellation must meet the requirements outlined in the Extenuating Circumstances Policy and you must meet the following criteria:
- you must be the Guest that booked the Accommodation
- you must submit the request in writing, preferably by email.
(c) you must bring submit the required supporting documents
(d) The request must be submitted within 24 hours after the start of your booking or you discover the extenuating the circumstance, whichever is sooner.
Safiri may at its sole discretion apply any of the following remedies:
(i)reimburse you up to the amount paid by you through Safiri Payments
(ii)use our reasonable efforts to find and book you another Accommodation for any unused nights left in your booking which is reasonably comparable to the Accommodation described in your original booking in terms of size, rooms, features, and quality.
Ratings and Reviews
Ratings and Reviews by Guests and Hosts must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Safiri’s Content Policy. Once submitted, they become part of a Partner’s public profile.
Partners 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 Partner.
Damage to Accommodations, Disputes between Partners
Guests are required to leave the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when they arrived. As a guest, 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 Host (and the individuals the Host invites to the Accommodation, if applicable).
If a Host claims and provides evidence that you as a Guest have damaged an Accommodation or any personal or other property at an Accommodation, the Host can seek payment from you through the Resolution Center for the (“Damage Claim“). If a Host escalates a Damage Claim to Safiri, you will be given an opportunity to respond. If you agree to pay the Host, or Safiri determines in its sole discretion that you are responsible for the Damage Claim, Safiri via Safiri 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 subject to the Payments Terms. Safiri also reserves the right to otherwise collect payment from you and pursue any remedies available to Safiri in this regard.
Partners agree to cooperate with and assist Safiri in good faith, and to provide Safiri with such information and take such actions as may be reasonably requested by Safiri, in connection with any Damage Claims or other complaints or claims made by Partners relating to (i) Accommodations or any personal or other property located at an Accommodation, (ii) Experiences. A Partner shall, upon Safiri’s reasonable request and at no cost to the Partner, participate in mediation or a similar resolution process with another Partner, which process will be conducted by Safiri or a third party selected by Safiri, with respect to losses for which a Partner is requesting payment.
As a Host you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes (“Taxes“).
Tax regulations may require us to collect appropriate Tax information from Hosts or to withhold Taxes from payouts to Hosts, or both. If a Host fails to provide us with the required documentation under applicable law (e.g., a tax number) that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to withhold payouts up to the tax-relevant amount as required by law, until resolution.
You understand that any appropriate governmental agency, department and/or authority (“Tax Authority“) may require Taxes to be collected from Guests or Hosts on Listing Fees and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by Hosts, a set amount per day, or other variations, and are sometimes called “transient occupancy taxes,” “hotel taxes,” “lodging taxes,” “city taxes,” “room taxes” or “tourist taxes” (“Occupancy Taxes“).
In certain jurisdictions, Safiri may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from or on behalf of Guests or Hosts, in accordance with these Terms (“Collection and Remittance“) if such jurisdiction asserts Safiri or Hosts have an Occupancy Tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, you hereby instruct and authorize Safiri (via Safiri Payments) to collect Occupancy Taxes from Guests on the Host’s behalf at the time Listing Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. In other jurisdictions, Safiri may decide in its sole discretion to collect Occupancy Taxes and remit such Taxes to eligible and qualifying Hosts, based on tax information supplied by the Host, for ultimate reporting and remittance by such Host to the Tax Authority (“Pass-Through Tax Feature”). Such Hosts using the Pass-Through Tax Feature will be solely responsible for informing Safiri about the correct Occupancy Tax amount to be collected from the Guest in accordance with applicable law and directly remitting the Occupancy Taxes to the relevant Tax Authority. Safiri does not assume any liability for the failure of a participating Host to comply with any applicable tax reporting or remittance obligations. The amount of Occupancy Taxes, if any, collected and remitted by Safiri will be visible to and separately stated to both Guests and Hosts on their respective transaction documents. Where Safiri is facilitating Collection and Remittance, Hosts are not permitted to collect any Occupancy Taxes being collected by Safiri relating to their Accommodations in that jurisdiction.
You agree that any claim or cause of action relating to Safiri’s facilitation of Collection and Remittance of Occupancy Taxes shall not extend to any supplier or vendor that may be used by Safiri in connection with the facilitation of Collection and Remittance if any. Guests and Hosts agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by Safiri from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
Safiri reserves the right, with prior notice to Hosts, to cease the Collection and Remittance in any jurisdiction for any reason at which point Hosts and Guests are once again solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Accommodations in that jurisdiction.
You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Safiri Platform. In connection with your use of the Safiri 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 Safiri 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 Safiri endorsement, partnership or otherwise misleads others as to your affiliation with Safiri;
- use the Safiri Platform in connection with the distribution of unsolicited commercial messages (“spam”);
- offer, as a Host, any Accommodation that you do not yourself own or have permission to make available as a residential or other property through the Safiri Platform;
- unless Safiri explicitly permits otherwise, book any Listing if you will not actually be using the Host Services yourself;
- contact another Partner for any purpose other than asking a question related to your own booking, Listing, or the Partner’s use of the Safiri Platform, including, but not limited to, recruiting or otherwise soliciting any Partner to join third-party services, applications or websites, without our prior written approval;
- use the Safiri Platform to request, make or accept a booking independent of the Safiri Platform, to circumvent any Service Fees or for any other reason;
- request, accept or make any payment for Listing Fees outside of the Safiri Platform or Safiri 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 Safiri harmless from any liability for such payment;
- discriminate against or harass anyone on the basis of ethnicity, 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;
- use, display, mirror or frame the Safiri Platform or Collective Content, or any individual element within the Safiri Platform, Safiri’s name, any Safiri trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Safiri Platform, without Safiri’s express written consent;
- dilute, tarnish or otherwise harm the Safiri brand in any way, including through unauthorized use of Collective Content, registering and/or using Safiri 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 Safiri 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 Safiri Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Safiri or any of Safiri’s providers or any other third party to protect the Safiri Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Safiri Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Safiri Platform;
- export, re-export, import, or transfer the Application except as authorized by 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.
You acknowledge that Safiri has no obligation to monitor the access to or use of the Safiri Platform by any Partner or to review, disable access to, or edit any Partner Content, but has the right to do so too (i) operate, secure and improve the Safiri Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Partners’ compliance with these Terms; (iii) comply with applicable law or court order, law enforcement or other administrative agency or governmental body; (iv) respond to Partner Content that it determines is harmful or objectionable, or (v) as otherwise set forth in these Terms. Partners agree to cooperate with and assist Safiri in good faith and to provide Safiri with such information and take such actions as may be reasonably requested by Safiri with respect to any investigation undertaken by Safiri or a representative of Safiri regarding the use or abuse of the Safiri Platform.
If you feel that any Partner 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 Safiri by contacting us with your police report (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
Term and Termination, Suspension and other Measures
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 Safiri terminate the Agreement in accordance with this provision.
You may terminate this Agreement at any time by sending us an email. If you cancel your Safiri Account as a Host, any confirmed booking(s) will be automatically canceled and your Guests will receive a full refund. If you cancel your Safiri Account as a Guest, any confirmed booking(s) will be automatically canceled and any refund will depend upon the terms of the Listing’s cancellation policy.
Without limiting our rights specified below, Safiri may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.
Safiri may immediately, without notice, terminate this Agreement and/or stop providing access to the Safiri 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) Safiri believes in good faith that such action is reasonably necessary to protect the personal safety or property of Safiri, its Partners, or third parties
In addition, Safiri may take any of the following measures (i) to comply with applicable law, 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 Safiri Account registration, Listing process or thereafter, (iv) you and/or your Listings or Host Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor ratings or reviews or Safiri otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly canceled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) Safiri believes in good faith that such action is reasonably necessary to protect the personal safety or property of Safiri, its Partners, or third parties, or to prevent fraud or other illegal activity:
- limit your access to or use of the Safiri Platform;
- delete or delay any Listings, Ratings, Reviews, or other Partner Content;
- Cancel any pending or confirmed bookings;
- temporarily or permanently revoke any special status associated with your Safiri Account;
- temporarily or in case of severe or repeated offenses permanently suspend your Safiri Account and stop providing access to the Safiri Platform.
In the case of non-material breaches and where appropriate, you will be given notice of any intended measure by Safiri and an opportunity to resolve the issue to Safiri’s reasonable satisfaction.
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 canceled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were canceled.
When this Agreement has been terminated, you are not entitled to a restoration of your Safiri Account or any of your Partner Content. If your access to or use of the Safiri Platform has been limited or your Safiri Account has been suspended or this Agreement has been terminated by us, you may not register a new Safiri Account or access and use the Safiri Platform through a Safiri Account of another Partner.
If you choose to use the Safiri Platform or Collective Content, you do so voluntarily and at your sole risk. The Safiri 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 Safiri Services, laws, rules, or regulations that may be applicable to your Listings and/or Host Services you are receiving and that you are not relying upon any statement of law or fact made by Safiri relating to a Listing.
If we choose to conduct identity verification or background checks on any Partner, 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 Partner or guarantee that a Partner will not engage in misconduct in the future.
You agree that some Experiences, Events, or Host Services may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. You assume full responsibility for the choices you make before, during and after your participation in a Host 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 Host Service and to the maximum extent permitted by law, you agree to release and hold harmless Safiri from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Host Service or in any way related to your Host 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.
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 Safiri Platform and Collective Content, your publishing or booking of any Listing via the Safiri Platform, your stay at any Accommodation, participation in any Experience or Event or use of any other Host Service, or any other interaction you have with other Partners whether in person or online remains with you. Neither Safiri nor any other party involved in creating, producing, or delivering the Safiri 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 Safiri Platform or Collective Content, (iii) from any communications, interactions or meetings with other Partners or other persons with whom you communicate, interact or meet with as a result of your use of the Safiri Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Safiri 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 Hosts pursuant to these Terms or an approved payment request under the Safiri Host, in no event will Safiri’s aggregate liability arising out of or in connection with these Terms and your use of the Safiri Platform including, but not limited to, from your publishing or booking of any Listings via the Safiri Platform, or from the use of or inability to use the Safiri Platform or Collective Content and in connection with any Accommodation, Experiences, Event, other Host Service, or interactions with any other Partners, exceed the amounts you have paid or owe for bookings via the Safiri Platform as a Guest. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Safiri and you.
To the maximum extent permitted by applicable law, you agree to release, defend (at Safiri’s option), indemnify, and hold Safiri and its affiliates and subsidiaries, including but not limited to, Safiri 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 Safiri Platform or any Safiri Services, (iii) your interaction with any Partner, stay at an Accommodation, participation in an Experience, Event 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) Safiri’s Collection and Remittance of Occupancy Taxes, or (v) your breach of any laws, regulations or third party rights.
Last updated, November 2019