Terms of Service for European Users
As a consumer 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 Comover 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.
Thank you for using Comover!
These Terms of Service for European Users (“Terms”) are a binding legal agreement between you and Comover that govern your right to use the websites, applications, and other offerings from Comover (collectively, the “Comover Platform”). When used in these Terms, “Comover,” “we,” “us,” or “our” refers to the Comover entity:
Youvision SRL
Rue des Côteaux 331, 1030 Bruxelles, ET03
BCE: 0798940894
Mail : info@comover.com
Téléphone : +32 479 28 19 35
The Comover Platform offers an online venue that enables users (“Members”) to publish, offer, search for, and book workspaces (“Spots”). Members who publish and offer workspaces and accomodations are “Hosts” . You must register an account to access and use many features of the Comover Platform, and must keep your account information accurate. As the provider of the Comover Platform, Comover does not own, control, offer or manage any Listings. Comover is not a party to the contracts entered into directly between Hosts and Renters, nor is Comover a real estate broker, travel agency, insurer or an organiser or retailer of travel packages under Directive (EU) 2015/2302. Comover is not acting as an agent in any capacity for any Member, except as specified in the Stripe Payments Terms (“Payment Terms”). Payment processing services for Hosts on Comover are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the 'Stripe Services Agreement'). By agreeing to these terms or continuing to operate as a Host on Comover, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. To learn more about Comover’s role see Section 16.
We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data, and our Non Discrimination Policy, which mandates user to be inclusive where applicable.
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
Renter Terms
2. Searching and Booking on Comover.
3. Cancellations, Travel Issues, Refunds and Booking Modifications.
Host Terms
7. Cancellations, Travel Issues, and Booking Modifications.
General Terms
13. Termination, Suspension and other Measures.
14. Modification of these Terms.
15. Resolving Complaints and Damage Claims.
22. Applicable law and Jurisdiction.
24. United States Dispute Resolution and Arbitration Agreement.
Additional Terms Specific to Business Hosts
26. Termination, Suspension and other Measures.
27. Complaints Handling and Mediation.
Guest Terms
1. Our Mission
Our mission is to create a world where you can work from anywhere. From cities to rural areas, there is a spot waiting for you. Browse through nearby Listings to find the ones that fit your needs. Learn more about a Listing by reviewing the description and photos and its informations.
2. Searching and Booking on Comover.
2.1 Searching. You can search for workspaces ("Spots") by using criteria like the destination, travel dates, amenities and number of seats. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, Reviews, customer service and cancellation history, popularity, previous trips and saved Listings, Host requirements (e.g. minimum or maximum hours), and more.
2.2 Booking.When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees any other items identified during checkout (collectively, “Total Price”). You are also agreeing that Comover via Stripe may charge the Payment Method (as defined in the Payment Terms) used to book the Listing in order to collect Damage Claim (as defined in these Terms) amounts. When you receive the booking confirmation, a contract for Host Services (a "Booking") is formed directly between you and the Host. In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Booking, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Booking. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to book a Listing.
2.3 Spot Booking. A Spot Booking is a limited license to enter, occupy and use a seat in a workspace and use the workspace accomodations. If you stay past checkout, the Host has the right to make you leave in a manner consistent with applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of allowed Guests.
3. Cancellations, Travel Issues, Refunds and Booking Modifications.
3.1 Cancellations, Travel Issues, and Refunds. In general, if you cancel a booking, the amount refunded to you is determined by the cancellation policy that applies to that booking. But, in certain situations, other policies take precedence and determine what amount is refunded to you. If something outside your control requires you to cancel a booking, you may be entitled to a partial or full refund under our Extenuating Circumstances Policy. If the Host cancels, you may be entitled to a full refund under our Cancellation Policy.
3.2 Booking Modifications. Hosts and Guests are responsible for any booking modifications they agree to make via the Comover Platform or direct Comover customer service to make on their behalf ("Booking Modifications"), and agree to pay any additional amounts, fees or taxes associated with any Booking Modification.
4. 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 Spot. For example, this means: (i) 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 Spot, and (ii) 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, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
Host Terms
5. Hosting on Comover.
5.1 Host. As a Host, Comover offers you the right to use the Comover Platform to share your Spot and earn money doing it. It’s easy to create a Listing and you are in control of how you host - set your price, availability, and rules for each Listing.
5.2 Contracting with Guests. When you accept a booking request, or receive a booking confirmation through the Comover Platform, you are entering into a contract directly with the Guest, and are responsible for delivering the Host Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like Comover’s fee (and applicable taxes) for each booking.
5.3 Independence of Hosts. Your relationship with Comover is that of an independent individual or entity and not an employee, agent, joint venturer or partner of Comover, except that Comover Payments acts as a payment collection agent as described in the Payments Terms. Comover 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.
6. Managing Your Listing.
6.1 Creating and Managing Your Listing. The Comover 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 Spot, your price 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 maintain multiple Listing per Spot, as different packages.
6.2 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). 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 Spot. 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. If you have questions about how local laws apply you should always seek legal advice.
6.3 Search Ranking. The ranking of Listings in search results on the Comover Platform depends on a variety of factors, including these main parameters:
- Guest search parameters (e.g. number of Guests, time and duration of the stay),
- Listing characteristics (e.g. price, calendar availability, number and quality of images, Reviews, type of Host Service, host status, average Guest popularity),
- Guest booking experience (e.g. customer service and cancellation history of the Host, ease of booking),
- Host requirements (e.g. minimum or maximum hours, check-in check-out time), and
- Guest preferences (e.g. previous trips, location from where the Guest is searching).
6.4 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 setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the Comover Platform Total Price. Do not encourage Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Comover Platform in violation of our Off-Platform Policy.
6.5 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 Comover 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.
7. Cancellations, Travel Issues, and Booking Modifications.
7.1 Cancellations and Travel Issues. In general, if a Guest cancels a booking, the amount paid to you is determined by the cancellation policy that applies to that booking. As a host, you should not cancel on a Guest without a valid reason. If: (i) an Extenuating Circumstance arises, or (ii) a booking is cancelled under Section 13 of these Terms, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Guest, and by any other reasonable costs we incur as a result of the cancellation. If a Guest receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Comover exceeds your payout, Comover (via Stripe) may recover that amount from you, including by offsetting the refund against your future payouts. If we reasonably expect to provide a refund to a Guest, we may delay release of any payout for that Booking until a refund decision is made.
7.2 Booking Modifications. Hosts and Guests are responsible for any Booking Modifications they agree to make via the Comover Platform or direct Comover customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.
8. Taxes.
8.1 Host Taxes. As a Host, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income or other taxes ("Taxes").
8.2 Collection and Remittance by Comover. In jurisdictions where Comover facilitates the collection and/or remittance of Taxes on behalf of Hosts, you instruct and authorize Comover to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by Comover are identified to Members on their transaction records, as applicable. Comover may seek additional amounts from Members (including by deducting such amounts from future payouts) in the event that the Taxes collected and/or remitted are insufficient to fully discharge that Members’ tax obligations, and you agree that your sole remedy for Taxes collected by Comover is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason.
8.3 Tax Information. In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that Comover may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Host Services to facilitate accurate tax reporting by our Guests and their organizations.
General Terms
9. Reviews.
After each Host Service, Guests and Hosts might 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 Content Policy, Review Policy, Non Discriminatory Policy.
10. Content.
Parts of the Comover Platform enable you to provide feedback, text, photos, information and other content (“Content”). By providing Content, in whatever form and through whatever means, you grant Comover a non-exclusive, worldwide, royalty-free, sub-licensable and transferable license, for the term of the protection of the rights so licensed, to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Content to provide and/or promote the Comover Platform, in any media or platform, known or unknown to date and in particular on Internet and social networks. If Content includes personal information, such Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Where Comover pays for the creation of Content or facilitates its creation, Comover may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Comover the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Content Policy and Nondiscrimination Policy, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent and illegal content. You agree that Comover may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. Comover does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.
11. Fees.
Comover may charge fees (and applicable Taxes) to Hosts and Guests for the right to use the Comover Platform. Any applicable fees are disclosed to Hosts before publishing a listing and to Guests before making a booking. More information about when service fees apply and how they are calculated can be found on our Fees page. Except as otherwise provided on the Comover Platform, service fees are non-refundable.
12. Comover Platform Rules.
12.1 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.
- Follow our Nondiscrimination Policy and do not discriminate against or harass others.
- Do not scrape, hack, reverse engineer, compromise or impair the Comover 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 Comover Platform.
- Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Comover Platform or Content.
- Do not decipher, decompile, disassemble or reverse engineer any of the software or hardware used to provide the Comover Platform.
- Do not take any action that could damage or adversely affect the performance or proper functioning of the Comover Platform.
- Only use the Comover 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 Comover Platform as authorized by these Terms.
- Do not use the Comover Platform, our messaging tools, or Members' personal information to send commercial messages without their express consent.
- You may use Content made available through the Comover Platform solely as necessary to enable your use of the Comover Platform as a Renter 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 request, make or accept a booking or any payment outside of the Comover Platform to avoid paying fees, taxes or for any other reason. See our Off Platform Policy.
- 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 booking, unless authorized by Comover.
- 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 Comover Platform, any Content, any Comover 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.
- If you provide us with someone else's personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy.
- Do not organize or facilitate unauthorized parties or events. You are responsible and liable for any party or event during your booking.
- Do not use the name, logo, branding, or trademarks of Comover 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 Comover 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.
12.2 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 Comover. In addition, if you believe that a Member, Listing or Content has violated our Content policy, you should report your concerns to Comover. If you reported an issue to local authorities, Comover may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report.
12.3 Copyright Notifications. If you believe that Content on the Comover Platform infringes copyrights, please notify us in accordance with our Copyright Policy.
13. Termination, Suspension and other Measures.
13.1 Term. The agreement between you and Comover reflected by these Terms remains in effect until either you or we terminate the agreement in accordance with these Terms.
13.2 Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. Comover 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. Comover may also terminate this agreement immediately and without prior notice and stop providing access to the Comover Platform if (i) you materially breach these Terms or our policies, (ii) you violate applicable laws, or (iii) such action is necessary to protect the personal safety or property of Comover, 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.
13.3 Member Violations. If (i) you breach these Terms, our terms and service (ii) you violate applicable laws, regulations or third party rights, (iii) you have repeatedly received poor Reviews or Comover 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 Comover, its Members, or third parties, Comover may:
- suspend or limit your access to or use of the Comover 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 Comover 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.
13.4 Legal Mandates. Comover 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.
13.5 Effect of Termination. If you are a Host and terminate your Comover account, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you terminate your account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing's cancellation policy. 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 Comover Platform has been limited, or your Comover account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Comover Platform through an account of another Member.
13.6 Appeal. If Comover takes any of the measures described in this Section 13 you may appeal such a decision by contacting our customer service.
14. Modification of these Terms.
When we propose changes to these Terms, we will post the revised Terms on the Comover 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 Comover, 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 Comover Platform after the effective date of the proposed changes will constitute acceptance of the revised Terms.
15. Resolving Complaints and Damage Claims.
If a Member provides valid evidence that you, your guest(s), or your pet(s) culpably damaged the complaining Member's real or personal property, or real or personal property the complaining Member is responsible for, including consequential damages, ("Damage Claim"), the complaining Member can notify Comover and/or seek compensation through our customer service. You will be notified of the Damage Claim and given an opportunity to respond. If you agree to pay, or if the Damage Claim is escalated to Comover and Comover determines under consideration of any applicable statutory rules on the burden of proof that the Damage Claim is valid and you are responsible for the Damage Claim, Comover via Stripe can collect the amount of the Damage Claim from you. Comover may also pursue against you any remedies it may have available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against you. You agree to cooperate in good faith, provide any information Comover requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of Host Services. You may appeal a decision by Comover by contacting our customer service. Any decisions made by Comover in relation to a Damage Claim do not affect your contractual and statutory rights. Your right to take legal action before a court of law remains unaffected.
16. Comover's Role.
We offer you the right to use a platform that enables Members to publish, offer, search for, and book working space ("Spots"). When Members make or accept a booking, they are entering into a contract directly with each other. Comover is not and does not become a party to or other participant in any contractual relationship between Members. While we work hard to ensure our Members have great experiences using Comover, 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 Comover has no general obligation to monitor the use of the Comover 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 Comover 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 Comover in good faith, and to provide Comover with such information and take such actions as may be reasonably requested by Comover with respect to any investigation undertaken by Comover regarding the use or abuse of the Comover Platform.
17. Member Accounts.
You must register an account to access and use many features of the Comover 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 Comover 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 Comover 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 Comover 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.
18. Disclaimer.
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 Comover 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 Comover Platform. Comover may, temporarily and under consideration of the Members' legitimate interests (e.g. by providing prior notice), restrict the availability of the Comover 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 Comover Platform.
19. Liability.
1. To the extent permitted by mandatory consumer law, we'll only be liable for costs you incur as a direct result of a failure on our behalf. This means, to the extent permitted by law, we won't be liable for (e.g.) any:
- indirect loss or indirect damage
- inaccurate information about a spot
- product, service or action of an host or other business partner
- mistake in an email address, phone number or credit card number (unless it's our fault)
- force majeure or event beyond our control.
2. If you are in breach of these Terms and/or the Host's terms, to the extent permitted by law:
- we won't be liable for any costs you incur as a result, and
- you won't be entitled to any refund.
3. To the extent permitted by law, the most that we, or any Host, will be liable for (whether for one event or a series of connected events) is the cost of your Booking.
4. Nothing in these terms will limit our (or the Host's) liability in respect of our (or their) own (i) negligence that leads to death or personal injury or (ii) fraud or fraudulent misrepresentation.
5. We don't make any promises about Host space and services (apart from what we expressly state in these Terms). Making the right choice(s) is entirely your responsibility.
6. Just to make it clear: nothing in these Terms will entitle any third party other than the Host to anything.
7. You may be protected by mandatory consumer protection laws and regulations, which guarantee you rights that no company's terms can overrule. In that case, our liability is determined not just by these Terms, but also by any applicable consumer protection laws and regulations.
20. Indemnification.
To the maximum extent permitted by applicable law, you agree to release, defend (at Comover's option), indemnify, and hold Comover (including Stripe, other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, 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 policies, (ii) your improper use of the Comover Platform, (iii) your interaction with any Member, stay at an Spot, 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.
21. Contracting Entities.
If you change your country of residence or establishment to a country outside of the EEA, Switzerland or the United Kingdom, the Comover company you contract with and the applicable version of the Terms of Service will be determined by your new country of residence or establishment, if supported, from the date on which your country of residence or establishment changes.
22. 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 Comover's place of business in Ireland. If Comover 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.
23. Miscellaneous.
23.1 Other Terms Incorporated by Reference. Our Review Policy, Content Policy, Nondiscrimination Policy, Cancellation Policy, and other supplemental policies and terms linked to in these Terms apply to your use of the Comover Platform, are incorporated by reference, and form part of your agreement with Comover.
23.2 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 Comover and you pertaining to your access to or use of the Comover Platform and supersede any and all prior oral or written understandings or agreements between Comover and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Comover. 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.
23.3 No Waiver. Comover'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.
23.4 Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Comover's prior written consent. Comover 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.
23.5 Notice. Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by Comover via email, Comover Platform notification, messaging service (including SMS), or any other contact method we enable you to provide. If a notification relates to a booking or Listing in Japan, you agree and acknowledge that such notifications via electronic means in lieu of a written statement, satisfies Comover's obligations under Article 59 (1) of the Japanese Housing Spot Business Act.
23.6 Third-Party Services. The Comover Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Comover is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.
23.7 Google Terms. Some areas of the Comover 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.
23.8 Apple Terms. If you access or download our application from the Apple App Store, you agree to Apple's Licensed Application End User License Agreement.
23.9 Comover Platform Content. Content made available through the Comover 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 Comover 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 Comover 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, Comover 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 Comover Platform and accessible to you, solely for your personal and non-commercial use.
23.10 Force Majeure. Comover 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.
23.11 Emails and SMS. You will receive administrative communications from us using the email address or other contact information you provide for your Comover account. Enrollment 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 promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disablecertain communication settings or do not have an Comover Account.
23.13 Contact Us. If you have any questions about these Terms please email us.
24. United States Dispute Resolution and Arbitration Agreement.
24.1 Application. This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against Comover in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 24 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
24.2 Overview of Dispute Resolution Process. Comover is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 24 applies: (1) an informal negotiation directly with Comover's customer service team (described in paragraph 24.3, below), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and Comover each retain the right to seek relief in small claims court as an alternative to arbitration.
24.3 Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and Comover each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to Comover by mailing it to Comover's headquarter:
Youvision SRLRue des Côteaux 331, 1030 Bruxelles, ET03
BCE: 0798940894
Mail : info@comover.com
Téléphone : +32 479 28 19 35
Comover will send its notice of dispute to the email address associated with your Comover account. A notice of dispute must include: the party's name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).
24.4 Agreement to Arbitrate.You and Comover mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Comover Platform, Host Services, or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Comover agree that the arbitrator will decide that issue.
24.5 Exceptions to Arbitration Agreement. You and Comover each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief; or (iv) any individual claim of sexual assault or sexual harassment arising from your use of the Comover Platform or Host Services. You and Comover agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.
24.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.
24.7 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Comover agrees that any required arbitration hearing may be conducted, at your option: (a) in the U.S. county where you reside; (b) in San Francisco County; (c) via phone or video conference; or (d) if all parties agree, by solely the submission of documents to the arbitrator.
24.8 Modification of AAA Rules - Attorney's Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Comover will pay all arbitration fees and expenses. Either party may make a request that the arbitrator award attorneys' fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.
24.9 Arbitrator's Decision. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant's individual claim.
24.10 Jury Trial Waiver. You and Comover acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
24.11 No Class Actions or Representative Proceedings. You and Comover acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party's claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
24.12 Severability. Except as provided in Section 24.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.
24.13 Changes to Agreement to Arbitrate. If Comover changes this Section 24 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Comover (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Comover.
24.14 Survival. Except as provided in Section 24.12 any termination of these Terms and will continue to apply even if you stop using the Comover Platform or terminate your Comover Account.
Additional Terms Applicable to Business Users
If you are a Business User as defined in Section 25 of these Terms, the following additional terms will apply to you:
25. Business Users.
You are a “Business User” for the purposes of these Terms if (i) your place of residence or establishment is within the EEA or the United Kingdom, (ii) you fully meet the definition of a ‘business user’ outlined in Article 2 (1) of Regulation (EU) 2019/1150 on promoting fairness and transparency for business users of online intermediation services (“Platform to Business Regulation”), and (iii) you have notified Comover that you are a Business User by adding your business details to your Comover account. You are responsible for keeping your business details accurate and up to date.
26. Termination, Suspension and other Measures.
In case we take any of the measures according to Section 13.2 and 13.3, you will be given the opportunity to clarify the facts and circumstances leading to such a measure in the framework of our internal complaint-handling process as described in Section 27.
27. Complaints Handling and Mediation.
You can make a complaint by contacting our customer service or directly reach us via mail.
28. Access to Data.
Business Users have access to personal and other data in their Comover account and host dashboard which is provided by the Business User, their Guests or generated through the use of the Comover Platform and which is necessary for the performance of their Host Services as well as aggregated information about searches, bookings and the performance of their listings. Our Privacy Policy sets out the categories of personal data and other data we collect, how we use, process, disclose and retain it, and how you can access it and exercise your data rights.