This Agreement is entered into between you (the “Guest”, “you” or “your”) and Booking in LA Inc., a Delaware corporation (“Booking in LA”, “we”, “us” or “our”). This Agreement sets forth certain rules that you must follow in connection with your booking of an Accommodation from a Host (a “Booking”). This Agreement also sets forth certain services that we may provide you in connection with your booking of an Accommodation from a Host.
You acknowledge and agree that by using Booking in LA in connection with your Booking and accepting the terms hereof, you have read, understand and agree to comply with and be bound by the Booking in LA’s Terms of Service (the “Terms”), as published from time to time at www.Bookinginla.com, into which this Agreement is incorporated. Capitalized terms used in this Agreement but not defined herein have the meanings assigned to them in the Terms.
Guests acknowledge and agree that the Host and Third Party Platform may require you to accept or otherwise agree to terms of service and other agreements in connection with your Booking. In addition to those agreements, Guests must comply with our Guest Rules in connection with a Booking. If there is conflict or discrepancy between any agreement with the Host or a Third Party Platform and these Guest Rules, the Guest Rules will supersede to the extent of such conflict or discrepancy.
You agree to comply with all applicable laws and regulations, and that you will not breach any agreements you have entered into with any third parties, such as Hosts and Third Party Platforms.
You have received a Booking Summary as a result of your Booking of an Accommodation from a Host that uses the Site. The Host is also subject to the Host Services Agreement, which is part of the Terms.
When you commence your stay at the Accommodation, you will have to provide a pre-authorize amount from a credit or debit card account supplied by you (which may be different from the card/account you supplied when booking) and the Host will be entitled to make charges against this credit or debit card in the event of any damage to the Accommodation or its contents, or in the event of late check-out or overstaying.
The check-in and check-out time at the Accommodation is as stated in the Booking Summary. Unless your Host has agreed to a late check-out as part of your Booking Summary or has expressly agreed in writing to an extension or a further period of occupancy which has been confirmed by a subsequent Confirmation of Booking, then you will be responsible for a full day’s Accommodation Fee for any overstaying past the check-out time on the day of your departure. If you overstay by more than 2 hours then Host reserves the right to enter, or cause Booking in LA or other authorized agent to enter, the Accommodation, remove your belongings, change the locks to the Accommodation and take such further action as may be necessary or appropriate (and you will be charged for the costs of any such action which will be charged against the debit or credit card account that you provided at check-in). In addition, you will be responsible for an additional fee equivalent to 150% of the effective daily rate of your stay for each day (or part thereof) that you overstay, as well as any other damages, fees, costs or expenses incurred by the Host or Booking in LA, including without limitation, as a result of loss of a subsequent booking for the Accommodation or finding alternative accommodations for any subsequent guest who had a booking for the Accommodation for all or any part of the time that you overstayed.
Booking in LA may offer certain goods and services to Guests with respect to a Booking that are included in the Booking (“Host Services”) and goods and services that are separate and distinct from the Booking and any agreement that Guest may have with the Host or Third Party Platform (“Guest Services”). This Agreement sets forth the terms and conditions of the Guest Services.
Booking in LA is not an agent of the Host or you, we are not booking agent or hosting platform and we are not a real estate broker, real estate agent, property manager, travel agent, travel seller or reseller or travel promoter. We do not have authority to form a binding agreement between you and the Host for the Booking of an Accommodation. We are solely responsible for the Host Services and Guest Services we provide, subject to the Terms, into which this Agreement is incorporated.
In accordance with the Terms, you will contract directly with a Host for the use and occupancy of the Accommodation, principally through a Third Party Platform. We are not responsible for any element of the Accommodation or any part of your agreement with the Host.
As set forth in the Terms, Booking in LA reserves the right, at its sole discretion, to modify, discontinue or terminate any Host or Guest Services, at any time and without prior notice. By continuing to use Host or Guest Services after modification, you are indicating that you agree to be bound by the modified terms of this Agreement. If the modified terms of this Agreement are not acceptable to you, your only recourse is to cease using the Site and Host and Guest Services.
Booking in LA provides Host Services in connection with Bookings under the Host Services Agreement. We provide Host Services to and on behalf of Hosts and some of these services may be provided directly to you as set forth below. You must accept the receipt of Host Services as part of your Booking. The cost of Host Services is included in the Accommodation Fee set forth in your Booking Summary and will be paid by the Host.
The following are Host Services that may be provided to you:
Guest acknowledges and agrees that Booking in LA may provide the Host Services through one or more third party vendors in its sole discretion. Booking in LA agrees to provide the Host Services in a timely and professional manner in accordance with this Agreement, but Booking in LA makes no warranties of any kind, express or implied, with respect to the Host Services to be provided hereunder. This Agreement is subject to the limitations of liability set forth in the Terms.
We may offer you Guest Services set forth below from time to time in accordance with this Agreement.
The following are Guest Services that we may offer you and for which an additional charge will be payable as set out below:
Guest acknowledges and agrees that Booking in LA may provide the Guest Services through one or more third party vendors in its sole discretion. Booking in LA agrees to provide the Guest Services in a timely and professional manner in accordance with this Agreement, but Booking in LA makes no warranties of any kind, express or implied, with respect to the Guest Services to be provided hereunder. This Agreement is subject to the limitations of liability set forth in the Terms.
[If you agree to accept any Guest Services from us, we will provide you with a preliminary invoice of fees for the Guest Services for your approval.] You agree to promptly pay to us all preliminary fees for Guest Services as set forth on the preliminary invoice. We reserve the right to request payment in advance of providing any Guest Services.
Guest hereby agrees to provide and maintain a current credit card or bank account information with Booking in LA. Guest hereby authorizes Booking in LA to charge Guest’s credit card or bank account for any amounts owed by Guest to Booking in LA under this Agreement.
If you elect to accept Guest Services at the time of the Booking, we may provide the preliminary invoice and collect any applicable fees from you at the same time as the Accommodation Fees are collected from you by the Host or Third Party Platform. By entering into this Agreement you irrevocably agree that any such preliminary charges can be paid to us by the Host or a Third Party Platform without further approval or authorization by you.
You acknowledge and agree that we, the Host or the Third Party Platform may pre-authorize your credit or debit card at any time for the fees and costs associated with the Guest Services you have booked or may choose to book during your stay. Guest Services purchased after you have booked your stay will either be added to your account and collected from you when the Accommodation Fees are collected or, if you book Guest Services after pre-payment has been taken we will collect payment either during your stay or on your departure from the Accommodation. You will receive a final invoice for your stay, including all charges incurred with respect to the Guest Services.
You understand that all prices charged to you for items subject to sales or use tax under applicable federal, state and local laws will include a charge for tax remittance and you hereby authorize us, the Host or the Third Party Platform to charge your credit or debit card for such amounts in addition to the cost of any taxable goods or services provided to you during your stay. You also understand that the jurisdiction in which an Accommodation is located may charge an occupancy tax on the amount paid by a Guest for the use and occupancy of such property, and you hereby authorize us, the Host or the Third Party Platform to charge your credit or debit card for such amounts in addition to the amount paid for the Booking.
If you book any Guest Services more than fourteen days before the start of your stay, you can cancel the Guest Services no questions asked within six (6) hours of booking such services, and we will refund 50% of any charges. If you cancel any Guest Services at least four (4) weeks before your stay, we will refund 80% of any charges. If you cancel within fourteen days before the start of your stay, we will not refund any charges.
You will not be entitled to withhold by way of set-off, deduction, or counterclaim any amounts which you owe to us, the Host or the Third Party Platform against any amounts that may be owed by you.
As part of our Guest Services we may book or order Guest Services from third party suppliers or vendors. This will apply to any ticketed events you wish to attend, restaurant bookings or other goods or services ordered through our concierge service. Airport transfers, food orders, affiliate memberships and nanny or babysitting Services are also supplied by third parties.
Any booking we arrange for you with a third party will be subject to that party’s terms and conditions of business as well as our Terms and this Agreement. You will be liable to pay the costs of any third party provided Guest Services and we will not be responsible for any failure on the part or that third party to adequately supply the Guest Service.
You acknowledge and agree that we are not liable for the provision of goods or services by third parties nor will we be liable if any goods or services requested by you are unavailable during your stay. We will not be liable to you or be deemed to be in breach of these terms by reason of any delay in performing, or any failure to perform, any of our obligations, if the delay or failure was due to any cause beyond our reasonable control such as shortages, unavailability, overbooking, severe weather, power or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war, civil unrest or other similar circumstances.
This Agreement is subject to the limitations of liability set forth in the Terms.
Guest agrees to defend, indemnify and hold harmless Booking in LA, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (“Indemnitees”) from and against all claims, liabilities, damages, losses and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (1) the Guest Services performed by Booking in LA under this Agreement other than those arising because of gross negligence or intentional misconduct by Booking in LA or any of its officers, agents, directors or employees; (2) any damage to or destruction of any property by Guests, any third party, or any terrorism, acts of nature, or acts of God; (3) any injury to or death of any person from any cause whatsoever; and (3) any error of judgment by Indemnitees or any mistake of law or fact by Indemnitees.