If your country of residence is within the European Economic Area (“EEA”), Switzerland or the United Kingdom, the Payments Terms of Service for European Users apply to you. If your country of residence is outside of the EEA, Switzerland and the United Kingdom, the Payments Terms of Service for Non-European Users apply to you.
If you reside in, or the organization you are acting for is established in, the United States, the arbitration agreement and class actions waiver in Section 15 apply to you. Please read them carefully.
Last Updated: July, 2021
These Payments Terms of Service for Non-European Users (“Payments Terms”) are a binding legal agreement between you and Vinera Hub Payments that govern the Payment Services (defined below) conducted through or in connection with the Vinera Hub Platform. When these Payments Terms mention “Vinera Hub Payments,” “we,” “us,” or “our,” it refers to the Vinera Hub Payments company you are contracting with for Payment Services.
Vinera Hub Payments provides payments services to Members publishing, offering and booking Accommodations, Experiences or other Host Services. These payment services may include (if available) the following (collectively, “Payment Services”):
In order to use the Payment Services, you must be at least 21 years old, must have an Vinera Hub account in good standing in accordance with the Vinera Hub Terms of Service (“Terms”), and must keep your payment and personal information accurate and complete.
Payment Services will be provided by the contracting entity based on your country of residence subject to any exceptions described below:
If you change your country of residence, the Vinera Hub company you contract with and the applicable version of the Payment Terms will be determined by yo ur new country of residence from the date on which your country of residence changes. Please note, however, that the Vinera Hub Payments company with whom you contract will stay the same for all bookings made prior to your change of residence.
The Terms separately govern your use of the Vinera Hub Platform. If you see an undefined term in these Payment Terms, it has the same definition as in the Terms .
1. Your use of the Payment Services
1.1 Vinera Hub Payment Services. By using the Payments Services, you agree to comply with these Payments Terms. Vinera Hub Payments may temporarily limit or suspend your access to or use of the Payment Services, or its features, to carry out maintenance measures that ensure the proper functioning of the Payment Services. Vinera Hub Payments may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time. Vinera Hub Payments will provide notice to Members of any changes to the Payment Services, unless such changes do not materially increase the Members’ contractual obligations or decrease the Members’ rights under these Payments Terms.
1.2 Third Party Services. The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms of service and privacy policies, and Members should review them. Vinera Hub Payments is not responsible or liable for the use of such Third-Party Services. Links to any Third-Party Services are not an endorsement by Vinera Hub Payments of those Third-Party Services.
1.3 Your Vinera Hub Account. Vinera Hub Payments may enable features that allow you to authorize other Members or third parties to take certain actions that affect your Vinera Hub account. You may authorize a third party to use your Vinera Hub account if the feature is enabled for your Vinera Hub account. You acknowledge and agree that anyone you authorize to use your Vinera Hub account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.
1.4 Verification. You authorize Vinera Hub Payments, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include (i) screening you against third-party databases or other sources, (ii) requesting reports from service providers, (iii) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; or (iv) requiring you to take steps to confirm ownership of your email address, Payment Method(s) or Payout Method(s). Vinera Hub Payments reserves the right to terminate, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
1.5 Additional Terms. Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable to a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.
2. Guest Terms
2.1 Adding a Payment Method. When you add a Payment Method to your Vinera Hub account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to Vinera Hub Payments or its third-party payment processor(s). You authorize Vinera Hub Payments and its payment service providers to collect and store your Payment Method information.
2.2 Payment Method Verification. When you add or use a new Payment Method, Vinera Hub Payments may verify the Payment Method by (i) authorizing your Payment Method for one or two nominal amounts via a payment service provider, and asking you to confirm those amounts, or (ii) requiring you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payment Method. When you add a Payment Method during checkout, we will automatically save and add that Payment Method to your Vinera Hub account so it can be used for a future transaction. You can remove the Payment Method from your Vinera Hub account as long as it is not associated with an active or future reservation.
2.3 Payment Authorization. You allow Vinera Hub Payments to charge your Payment Method (including charging more than one payment method), either directly or indirectly, for all fees due (including any applicable taxes) in connection with your Vinera Hub account.
2.4 Automatic Update of Payment Method. If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partners or your bank and automatically update your Payment Method on file.
2.5 Timing of Payment. Vinera Hub Payments generally charges the Total Price due after the Host accepts your booking request. However, if you pay with a push Payment Method (such as Sofort), Vinera Hub Payments will collect the Total Price due at the time of your booking request or after the Host accepts your booking request. Vinera Hub Payments may offer alternative options for the timing and manner of payment. Any additional fees for using those alternative payment options will be displayed via the Vinera Hub Platform and included in the Total Price, and you agree to pay such fees by selecting the payment option. Additional terms and conditions may apply for the use of an alternative payment option. If Vinera Hub Payments is unable to collect the Total Price due, as scheduled, Vinera Hub Payments will collect the Total Price due at a later point in accordance with Section 5.3. Once the payment for your requested booking is successfully completed, you will receive a confirmation email.
2.6 Currency. Vinera Hub Payments will process each transaction in the currency you select via the Vinera Hub Platform. The currencies available to make payments may be limited for regulatory or operational reasons based on factors such as your selected Payment Method, your country of residence, and/or your Vinera Hub Payments contracting entity(ies). Any such limitations will be communicated via the Vinera Hub Platform, and you will be prompted to select a different currency or Payment Method. Note that if your Vinera Hub Payments contracting entity’s location is different than the country of your Payment Method, or your selected currency is different than your Payment Method's billing currency, your payment may be processed outside of your country of residence. As a result, certain fees may apply and the amount listed on your card statement may be different from the amount shown at checkout. For example, if you make a booking using a U.S. issued card, but select Euro as your currency, your payment may be processed outside the U.S., and banks and credit card companies may impose international transaction fees and foreign exchange fees. In addition, if you select to pay with a currency that is different than your Payment Method's billing currency, your bank or credit card company may convert the payment amount to your billing currency associated with your Payment Method, based on an exchange rate and fee amount determined solely by your bank. Vinera Hub Payments is not responsible for any such fees and disclaims all liability in this regard. Please contact your bank or credit card company if you have any questions about these fees or the applicable exchange rate.
2.7 Booking Request Status. If a requested booking is declined either because it is not accepted by the Host or you cancel the booking request before it is accepted by the Host, any amounts collected by Vinera Hub Payments will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.
2.8 Payment Restrictions. Vinera Hub Payments reserves the right to decline or limit payments that we believe (i) may violate Vinera Hub Payments’ risk management policies or procedures, (ii) may violate these Payments Terms or the Terms , (iii) are unauthorized, fraudulent or illegal; or (iv) expose you, Vinera Hub, Vinera Hub Payments, or others to risks unacceptable to Vinera Hub Payments.
2.10 Your Payment Method, Your Responsibility. Vinera Hub Payments is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.
2.11 Different Ways to Pay
2.11.1 Payment Plan
18.104.22.168 Vinera Hub Payments may make available to Guests the option to pay a portion of the booking’s Total Price at the time of booking and pay the remainder of the Total Price at a later time prior to check-in (“Payment Plan”). Availability of this option may depend on the Listing and/or Payment Method.
22.214.171.124 If you choose a Payment Plan, the Vinera Hub Platform will notify you during check out of the amount, currency and schedule of each payment due. On the following payments due date, Vinera Hub Payments will automatically charge the original Payment Method you used to make the booking.
126.96.36.199 If you make a modification to a booking made with a Payment Plan, Vinera Hub Payments will notify you of the revised payment schedule, as applicable. If the modification increases your Total Price, you may be required to make an additional partial payment of the new Total Price at the time of the modification.
188.8.131.52 You agree that by selecting a Payment Plan, you may not be able to pay for the booking with a different Payment Method or pursuant to a different payment schedule.
184.108.40.206 If Vinera Hub Payments is unable to collect your payment, Vinera Hub Payments will notify you of such declined payment, and require you to complete the payment using an alternative Payment Method within 72 hours of the notice. If you fail to complete the payment, you authorize Vinera Hub to cancel the booking on your behalf. If the booking is canceled, you will be refunded based on the Host’s cancellation policy . You acknowledge that you may incur fees for cancellations pursuant to the Host’s cancellation policy.
2.11.2 Recurring Payments
220.127.116.11 For certain bookings (such as for Accommodation bookings of twenty-eight (28) nights or more), Vinera Hub Payments may require a Guest to make recurring, incremental payments toward the Total Price owed (“Recurring Payments”). More information on Recurring Payments (including the amount and the frequency of payments) will be made available via the Vinera Hub Platform if applicable to a booking.
18.104.22.168 If Recurring Payments apply to a confirmed booking, then the Guest authorizes Vinera Hub Payments to collect the Total Price due.
22.214.171.124 Guests may stop a Recurring Payment by notifying Vinera Hub Payments orally or in writing at least three (3) business days before the scheduled date of the payment. Vinera Hub Payments may require you to give written confirmation of a stop-payment order within fourteen (14) days of an oral notification. If you fail to provide written confirmation within those fourteen (14) days, Vinera Hub Payments is not obligated to honor your request to stop any future Recurring Payments. If you have any questions regarding your Recurring Payments, please contact Vinera Hub Payments.
3. Host Terms
3.1 Payment Collection. Vinera Hub Payments generally collects the Total Price of a booking at the time the Guest’s booking request is accepted by the Host, unless noted otherwise.
3.2 Adding a Payout Method. In order to receive a Payout you must have a valid Payout Method linked to your Vinera Hub account. When you add a Payout Method to your Vinera Hub account, you will be asked to provide billing information such as name, government identification, tax ID, billing address, and financial instrument information either to Vinera Hub Payments or its third-party payment processor(s). Depending on the Payout Method selected additional information may be required, such as: residential address, name on the account, account type, routing number, account number, email address, payout currency, identification number and account information associated with a particular payment processor. You authorize Vinera Hub Payments to collect and store your billing information and financial instrument information. Vinera Hub Payments may also share your information with governmental authorities as required by applicable law.
3.3 Timing of Payout
3.3.1 Subject to and conditional upon successful receipt of the payments from Guest, Vinera Hub Payments will generally initiate Payouts to your selected Payout Method: (i) for Accommodations, 24 hours after the Guest’s scheduled check-in time (or 24 hours after 3:00 pm local time - or 3:00 pm UTC if local time is unknown - if the check-in time is flexible or not specified); (ii) for Experiences, 24 hours after the start of the Experience; and (iii) for all other Host Services, at the time specified via the Vinera Hub Platform. For Accommodation bookings of twenty-eight (28) nights or more, Vinera Hub Payments will generally initiate the first payout 24 hours after the Guest’s scheduled check-in time, and will initiate future payouts every 30 days after the initial payout, for the duration of the reservation.
3.3.2 Vinera Hub Payments may offer you a different Payout time or trigger for payment, which may be subject to additional terms and conditions. For example, certain Hosts in China will receive Payouts 48 hours after the Guest’s scheduled check-out time or 7 days after the Guest’s scheduled check-in time, whichever is earlier. Such Payout timeline may be updated once the Host meets certain eligibility criteria. The time it takes to receive Payouts once released by Vinera Hub Payments may depend upon the Payout Method you select.
3.4 Payout. Your Payout for a booking will be the Total Price less applicable fees like Vinera Hub service fees and applicable taxes. In the event of cancellation of a confirmed booking, Vinera Hub Payments will remit the amount you are due (if any) as provided in the Terms and applicable cancellation policy.
3.5 Payout Restrictions. Vinera Hub Payments may temporarily place a hold, suspend, or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or completing an investigation; or if we are unable to verify your identity. Furthermore, Vinera Hub Payments may temporarily place a hold on, suspend, or delay initiating or processing any Payout due to you under the Terms as a result of high volume Booking cancellations or modifications arising from a Force Majeure Event (as defined below).
3.6 Currency Conversion. Vinera Hub Payments will remit your Payouts in the currency you select via the Vinera Hub Platform. The currencies available may be limited for regulatory or operational reasons based on factors such as your selected Payout Method, your country of residence, and/or your Vinera Hub contracting entity(ies). Any such limitations will be communicated via the Vinera Hub Platform, and you will be prompted to select a different currency or Payout Method. Note that payment service providers may impose transaction, currency conversion or other fees based on the currency or Payout Method you select, and Vinera Hub Payments is not responsible for any such fees and disclaims all liability in this regard.
3.7 Limits on Payouts. For compliance or operational reasons, Vinera Hub Payments may limit the amount of a Payout. If you are due an amount above that limit, Vinera Hub Payments may make a series of Payouts (potentially over multiple days) in order to provide your full Payout amount.
3.9 Handling of Funds. Vinera Hub Payments may combine amounts that it collects from Guests and invest them as permitted under applicable laws. Vinera Hub Payments will retain any interest it earns o-n those investments.
3.10 Your Payout Method, Your Responsibility. Vinera Hub Payments is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you.
3.11 Different ways to get paid
3.11.1 Split Payouts
If you provide Host Services jointly with one or more other Hosts as part of a team, business or other organization (“Host Team”), Vinera Hub may make available to such Hosts the option to allocate between the members of the Host Team the total Host Payout for a booking. Vinera Hub Payments will execute such payments at the instruction of one or more members of the Host Team and is not responsible for any losses related to errors or omissions made by the Hosts in providing such payment instructions.
4. Appointment of Vinera Hub Payments as Limited Payment Collection Agent
4.1 Each Host, including each Host Team member, hereby appoints Vinera Hub Payments as the Host’s payment collection agent solely for the limited purpose of accepting and processing funds from Guests purchasing Host Services on the Host’s behalf.
4.2 Each Host, including each Host Team member, agrees that payment made by a Guest through Vinera Hub Payments, shall be considered the same as a payment made directly to the Host, and the Host will provide the Host Service booked by the Guest in the agreed-upon manner as if the Host has received the payment directly from the Guest. Each Host agrees that Vinera Hub Payments may refund the Guest in accordance with the Terms . Each Host understands that Vinera Hub Payments’ obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guest. Vinera Hub Payments guarantees payments to Host(s) only for such amounts that have been successfully received by Vinera Hub Payments from Guests in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Host, Vinera Hub Payments assumes no liability for any acts or omissions of the Host.
4.3 Each Guest acknowledges and agrees that, notwithstanding the fact that Vinera Hub Payments is not a party to the agreement between you and the Host(s), including each Host Team member, Vinera Hub Payments acts as each Host’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Host(s). Upon a Guest’s payment of the funds to Vinera Hub Payments, the Guest’s payment obligation to the Host(s) for the agreed upon amount is extinguished, and Vinera Hub Payments is responsible for remitting the funds successfully received by Vinera Hub Payments to the Host(s) in the manner described in these Payments Terms. In the event that Vinera Hub Payments does not remit any such amounts, the Host(s) will have recourse only against Vinera Hub Payments and not the Guest directly.
5. General Terms
5.1 Fees. Vinera Hub Payments may charge fees for use of certain Payment Services and any applicable fees will be disclosed to you in the Terms or via the Vinera Hub Platform.
5.2 Payment Authorizations. You authorize Vinera Hub Payments to collect from you amounts due pursuant to these Payment Terms and/or the Terms by either (i) charging the Payment Method associated with the relevant booking, or any other Payment Method on file that you authorize in your Vinera Hub account (unless you have previously removed the authorization to charge such Payment Method(s)), or (ii) by withholding the amount from your future Payout. Specifically, you authorize Vinera Hub Payments to collect from you:
In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to Vinera Hub Payments collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.
5.3.1 If Vinera Hub Payments is unable to collect any amounts you owe under these Payments Terms, Vinera Hub Payments may engage in collection efforts to recover such amounts from you.
5.3.2 Vinera Hub Payments will deem any owed amounts overdue when: (a) for authorized charges, one hundred and twenty (120) days have elapsed after Vinera Hub Payments first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, two hundred and seventy (270) days have elapsed after the adjustment is made to the Host’s Vinera Hub account or the associated services have been provided, whichever is later.
5.3.3 Vinera Hub Payments will deem any overdue amounts not collected to be in default when three hundred and sixty five (365) days have elapsed: (a) for authorized charges, after Vinera Hub Payments first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, after the adjustment is made to the Host’s Vinera Hub account or the associated services have been provided, whichever is later.
5.3.4 You hereby explicitly agree that all communications in relation to amounts owed will be made by electronic mail or by phone, as provided to Vinera Hub and/or Vinera Hub Payments by you. Such communications may be made by Vinera Hub, Vinera Hub Payments, or by anyone on their behalf, including but not limited to a third-party collection agent.
5.4 Payment Processing Errors
5.4.1 Vinera Hub Payments will take the necessary steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the original Payout Method or Payment Method used or selected by you, so that you end up receiving or paying the correct amount. This may be performed by Vinera Hub Payments or a third party such as your financial institution. We may also take steps to recover funds sent to you in error (including but not limited to an event of duplicate payments made to you due to a processing error), by reducing, setting off and/or debiting the amount of such funds from any future Payouts owed to you.
5.4.2 To the extent you receive any funds in error, you agree to immediately return such funds to Vinera Hub Payments.
5.5.1 Any refunds or credits due to a Member pursuant to the Terms , Extenuating Circumstances Policy, Guest Refund Policy, and Experiences Guest Refund Policy will be initiated and remitted by Vinera Hub Payments in accordance with these Payments Terms.
5.5.2 Subject to this Section 5.5.2, Vinera Hub Payments will process refunds immediately, however, the timing to receive any refund will depend on the Payment Method and any applicable payment system (e.g., Visa, Mastercard, etc.) rules. In the event of a Force Majeure Event that may affect the processing and settlement of refunds, Vinera Hub Payments will initiate and process the refund as soon as is practicable.
6. Damage Claims and Security Deposits
6.1 If you as a Guest (i) agree to pay the Host in connection with a Damage Claim, or (ii) Vinera Hub determines that you are responsible for damaging any real or personal property at a Listing pursuant to the Terms, you authorize Vinera Hub Payments to charge the Payment Method used to make the booking in order to collect any security deposit associated with the Listing, as well as any fees, costs and/or expenses associated with the Damage Claim. If Vinera Hub Payments is unable to collect from the Payment Method used to make the booking, you agree that Vinera Hub Payments may charge any other Payment Method on file in your Vinera Hub account at the time of the Damage Claim (unless you have previously removed the authorization to charge such Payment Method(s)).
6.2 You agree that Vinera Hub Payments may seek to recover from you under any insurance policies you maintain and that Vinera Hub Payments may also pursue against you any remedies it may have available, including, but not limited to, in relation to any payment requests made by Hosts.
7. Abandoned Property
If Vinera Hub Payments holds funds due to you (e.g., because we are unable to issue you a Payout or refund) or you do not use a gift card or gift credit for the relevant period of time set forth by your state, country, or other governing body in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by reporting and escheating (sending) such funds to the appropriate governing body as required by applicable unclaimed property laws.
8. Prohibited Activities
8.1 You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:
8.2 You may not use or assist others to use the Payment Services to send or receive funds: (i) into any United States embargoed countries; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. You represent and warrant that: (i) neither you nor your Host Services are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.
9. Force Majeure
Vinera Hub Payments shall not be liable for any delay or failure to fulfill any obligation under these Payments Terms resulting from causes outside the reasonable control of Vinera Hub or Vinera Hub Payments, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials (“Force Majeure Event”).
10.1 If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied.
10.2 Notwithstanding Vinera Hub Payments’ appointment as the limited payment collection agent of Hosts pursuant to Section 4, Vinera Hub Payments explicitly disclaims all liability for any act or omission of any Member or other third party. Vinera Hub Payments does not have any duties or obligations as agent for each Host except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.
10.3 If we choose to conduct identity verification on any Member, 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 Member or guarantee that a Member will not engage in misconduct in the future.
10.4 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.
11.1 Except as provided in Section 11.2, 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 Payment Services remains with you. If you permit or authorize another person to use your Vinera Hub account in any way, you are responsible for the actions taken by that person. Neither Vinera Hub Payments nor any other party involved in creating, producing, or delivering the Payment Services 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 Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Vinera Hub Payments 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 Payments Terms or an approved payment request under the Vinera Hub Host Guarantee or Japan Host Insurance, in no event will Vinera Hub Payments’ aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment Services including, but not limited to, from your use of or inability to use the Payment Services, exceed (i) the amounts you have paid or owe for bookings via the Vinera Hub Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by Vinera Hub Payments to you in the twelve (12) month period prior to the event giving rise to the liability, or (ii) one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Vinera Hub Payments and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Vinera Hub Payments’ liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
11.2 If you reside in Australia and contract with Vinera Hub Payments Australia, Section 11.1 does not apply, and Vinera Hub Payments is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. Vinera Hub Payments is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents; such liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of Vinera Hub Payments in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract. Any additional liability of Vinera Hub Payments is excluded to the maximum extent allowed by applicable law.
To the maximum extent permitted by applicable law, you agree to release, defend (at Vinera Hub Payments’ option), indemnify, and hold Vinera Hub Payments and its affiliates and subsidiaries, 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 Payments Terms; (ii) your improper use of the Payment Services; (iii) your failure, or our failure at your direction, to accurately report, collect or remit taxes; or (iv) your breach of any laws, regulations, or third-party rights.
13. Modification, Term, Termination, and other Measures
13.1 Modification. Except as otherwise required by applicable law, Vinera Hub Payments may modify these Payments Terms at any time. If we make material changes to these Payment Terms, we will post the revised Payment Terms on the Vinera Hub Platform and update the “Last Updated” date at the top of these Payment Terms. If you are affected by the modification, we will also provide you with notice of the modifications at least thirty (30) days before the date they become effective. If you are contracting with Vinera Hub Payments UK, or Vinera Hub Payments Australia, you will receive at least two (2) months advance notice. If you do not terminate your agreement before the date the revised Payment Terms become effective, your continued use of the Payment Services will constitute acceptance of any changes to the revised Payments Terms.
13.2 Term. This agreement between you and Vinera Hub Payments reflected by these Payment Terms is effective when you create an Vinera Hub account or use the Payment Services and remains in effect until either you or we terminate this agreement in accordance with Section 13.3.
13.3 Termination. You may terminate this agreement at any time by sending us an email or by deleting your Vinera Hub account. Terminating this agreement will also serve as notice to cancel your Vinera Hub account pursuant to the Terms. Without limiting our rights specified below, Vinera Hub Payments may terminate this agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address (or two (2) months’ prior notice for Members contracting with Vinera Hub Payments UK). Vinera Hub Payments may also terminate this agreement immediately without notice if (i) you have materially breached your obligations under this agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; or (iv) Vinera Hub Payments believes in good faith that such action is reasonably necessary to protect other Members, Vinera Hub, Vinera Hub Payments, or third parties.
13.4 Suspension and Other Measures. Vinera Hub Payments may limit or temporarily or permanently suspend your use of or access to the Payment Services (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, (ii) if you have breached these Payments Terms, the Terms , applicable laws, regulations or third-party rights, (iii) if you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, (iv) for any amounts you owe under these Payments Term that are overdue or in default, or (v) if Vinera Hub Payments believes in good faith that such action is reasonably necessary to protect the personal safety or property of Vinera Hub, its Members, Vinera Hub Payments, or third parties, or to prevent fraud or other illegal activity. Further, for unsuccessful payment due to card expiration, insufficient funds, or otherwise, we may temporarily suspend your access to the Payment Services until we can charge a valid Payment Method
13.5 Appeal. If Vinera Hub Payments takes any of the measures described in Section 13.3 and 13.4 you may appeal such a decision by contacting customer service.
13.6 Effect of Termination. If you cancel your Vinera Hub account as a Host or Vinera Hub Payments takes any of the measures described above, Vinera Hub Payments may provide a full refund to any Guests with confirmed booking(s), and you will not be entitled to any compensation for pending or confirmed bookings that were cancelled. If you cancel your Vinera Hub account as a Guest, Vinera Hub Payments will initiate a refund for any confirmed booking(s) based on the Listing’s cancellation policy. If your access to or use of the Payment Services has been suspended or limited or this agreement has been terminated by us, you may not register a new Vinera Hub account or attempt to access and use the Payment Services through an Vinera Hub account of another Member.
13.7 Survival. Sections 5 through 20 of these Payments Terms shall survive any termination or expiration of this agreement.
14. Governing Law and Dispute Resolution
14.1 If you are contracting with Vinera Hub Payments US, these Payments Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Legal proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 15 must be brought in state or federal court in San Francisco, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in San Francisco, California.
15. United States Arbitration Agreement
15.1 Application. This Arbitration Agreement only applies to you if you are contracting with Vinera Hub Payment US. If you are not contracting with Vinera Hub Payments US, and you nevertheless attempt to bring any legal claim against Vinera Hub Payments in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 15 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
15.2 Overview of Dispute Resolution Process. Vinera Hub Payments is committed to participating in a consumer-friendly dispute resolution process. To that end, these Payment Terms provide for a two-part process for individuals to whom this Section 15 applies: (1) an informal negotiation directly with Vinera Hub’s customer service team (described in paragraph 15.3, below), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and Vinera Hub Payments each retain the right to seek relief in small claims court as an alternative to arbitration
15.3 Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and Vinera Hub Payments 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 Vinera Hub Payments by mailing it to Vinera Hub Payments’ agent for service: CSC Lawyers Incorporating Service, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, California 95833. Vinera Hub Payments will send its notice of dispute to the email address associated with your Vinera Hub 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 ).
15.4 Agreement to Arbitrate. You and Vinera Hub Payments mutually agree that any dispute, claim or controversy arising out of or relating to these Payments Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Payment Services (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 Vinera Hub Payments agree that the arbitrator will decide that issue.
15.5 Exceptions to Arbitration Agreement. You and Vinera Hub Payments 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 (as defined by Section 15): (i) 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 (ii) a request for the remedy of public injunctive relief. You and Vinera Hub Payments 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.
15.6 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 ) must be filed with the AAA and provided to the other party, as specified in the AAA rules.
15.7 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Vinera Hub Payments 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.
15.8 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, Vinera Hub Payments 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.
15.9 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.
15.10 Jury Trial Waiver. You and Vinera Hub Payments acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
15.11 No Class Actions or Representative Proceedings. You and Vinera Hub Payments 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.
15.12 Severability. Except as provided in Section 15.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement will be given full force and effect.
15.13 Changes to Agreement to Arbitrate. If Vinera Hub Payments changes this Section 15 after the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms), you may reject that change by sending us written notice (including by email) within thirty (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 Vinera Hub Payments (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Vinera Hub Payments.
15.14 Survival. Except as provided in Section 15.12 and subject to Section 13.7, this Section 15 will survive any termination of these Payments Terms and will continue to apply even if you stop using the Payment Services or terminate your Vinera Hub account.
16.1 Interpreting these Payments Terms. Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire agreement between Vinera Hub Payments and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Vinera Hub Payments and you regarding the Payment Services. If any provision of these Payments Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
16.2 No Waiver. Vinera Hub Payments’ failure to enforce any right or provision in these Payments 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 Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law.
16.3 Assignment. You may not assign, transfer, or delegate this agreement or your rights and obligations hereunder without Vinera Hub Payments’ prior written consent. Vinera Hub Payments may without restriction assign, transfer, or delegate this agreement and any rights and obligations, at its sole discretion, with thirty (30) days’ prior notice (or two (2) months’ prior notice for Members contracting with Vinera Hub Payments UK).
16.4 Notices. Unless specified otherwise, any notices or other communications permitted or required under this agreement, will be in writing and given by Vinera Hub Payments via email or Vinera Hub Platform notification, and depending on your notification setting, messaging service (including SMS and WeChat). The date of receipt will be deemed the date on which Vinera Hub Payments transmits the notice.
17. Additional Clauses for Users Contracting with Vinera Hub Payments UK
The following paragraphs will apply if you are contracting with Vinera Hub Payments UK:
17.1 Payment Service User
17.1.1 The Payment Services include the payment collection service provided to Hosts contracting with Vinera Hub Payments UK. The payment collection service constitutes a “payment service” regulated under the Payment Services Regulations and for these purposes Vinera Hub Payments UK treats Hosts as the “payment service user.”
17.1.2 By agreeing to these Payments Terms you as a Host have consented to Vinera Hub Payments UK’s payment of each Payout to your chosen Payout Method. Hosts may change a Payout Method up to one (1) day before the time agreed for the Payout as set out in Section 3.3. Vinera Hub Payments UK will be deemed to have received the Host's payment order to the Host on the same date Vinera Hub Payments UK agrees to initiate the Payout in accordance with Section 3.3
17.1.3 Vinera Hub Payments UK will endeavor to ensure that Hosts based in the UK will receive each Payout by the end of the business day following Vinera Hub Payments UK’s initiation of the Payout.
17.1.4 Communication. Vinera Hub Payments will provide the Host notice via email when we initiate each Payout. We will also provide notice to a Host’s registered email address if the Payout is returned to us because of an error. It is your responsibility as a Host to ensure that you provide us with a current, accurate, and valid email address.
17.2 Resolution Procedures for Diverted Payouts
17.2.1 If you as a Host believe that a Payout properly due to you has been or may be diverted without your permission (“Diverted Payout”) because your password or other credentials to log into your Vinera Hub account (“Credentials”) are lost or stolen, you should notify Vinera Hub Payments UK pursuant to Section 20 immediately. As a Host you may be liable for losses relating to any Diverted Payout arising from the use of lost, stolen, or misappropriated Credentials (including the loss of a mobile phone on which you have installed the Application) or where you have failed to keep your Credentials safe, up to a maximum of £50. Provided that you notify us of any Diverted Payout without delay and at the very latest within 13 months of the date of the payment, you may be entitled to a refund of that payment.
17.2.2 We will not be liable for any loss arising from: (i) Diverted Payouts where you acted fraudulently or where, with intent or gross negligence, you failed to use the Vinera Hub Platform and/or Payment Services in accordance with the Terms or these Payments Terms (including the obligation to keep your Credentials safe); (ii) or any payout transaction which we facilitated in accordance with information provided by you where the information you provided was incorrect.
17.2.3 If you as Host claim not to have received a Payout properly due to you via your chosen Payout Method, Vinera Hub Payments UK will (if requested) make immediate efforts to trace the payment and will notify you of the outcome. Unless we can prove that the payment was received by you via your chosen Payout Method, we will refund the amount.
17.2.4 Any complaints about the Payment Services should be made to Vinera Hub Payments UK pursuant to Section 20. Complaints that are made in accordance with this section that relate to the provision of Payment Services by Vinera Hub Payments UK will be eligible for referral to the Financial Ombudsman and will be subject to the Rules of the Financial Ombudsman Service. The UK Financial Ombudsman Service offers a free complaints resolution service to individuals, micro-enterprises, small charities, and trustees of small trusts. You can contact the UK Financial Ombudsman by (i) telephone from inside the UK: 0300 123 9123 or 0800 023 4567; from other countries: +44 20 7964 0500, on Monday to Friday, 8am to 8pm and on Saturday 9am to 1pm; (ii) post: South Quay Plaza, 183 Marsh Wall, London E14 9SR; or (iii) email: email@example.com. The UK Financial Ombudsman Service is also available in a number of different languages and if you need it you will be put in touch with a translator when you contact the UK Financial Ombudsman Service.
17.3 For Hosts and Guests with Mexico As Country of Residence
If Mexico is your country of residence, (i) upon successful receipt of payment from the Guest following a Host's acceptance of the Guest’s booking request, Vinera Hub Payments generally holds such funds due to the Host in temporary custody until it is released to the Host in accordance with Section 3.3.1, and (ii) the payment to the Host will be effective only upon the start of the Host's Services and in accordance with Section 3.3.1. Vinera Hub may be required to withhold taxes per applicable local laws, and such taxes will be due upon Vinera Hub Payment’s release of the Host Payout.
18. Depending on the country of residence of guests and hosts, payments due to hosts and applicable fees like Vinera Hub Service Fees may require the execution of foreign exchange agreements or other related measures, as per applicable legislation.
19. Additional Clauses for Users that are Businesses
The following paragraphs also apply if you are using the Payment Services as a representative (“Representative”) acting on behalf a business, company or other legal entity (in such event, for purposes of the Payments Terms, “you” and “your” will refer and apply to that business, company or other legal entity).
19.1 You accept the Payment Terms and you will be responsible for any act or omission of employees or third-party agents using the Payment Service on your behalf.
19.2 You and your Representative individually affirm that you are authorized to provide the information described in Section 2.1 and Section 3.2 and your Representative has the authority to bind you to these Payments Terms. We may require you to provide additional information or documentation demonstrating your Representative’s authority.
19.3 You represent and warrant to us that: (i) you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered and that you are registering for receiving the Payment Services; and (ii) you have all requisite right, power, and authority to enter into this agreement, perform your obligations, and grant the rights, licenses, and authorizations in this agreement.
19.4 If you are using your Payment Method for the benefit of your employees or other authorized third-party in connection with Vinera Hub for Work, as permitted by your account, you authorize Vinera Hub Payments to charge your Payment Method for bookings requested by employees at your company or other permitted third-party.
19.5 For any Payout Method linked to your Vinera Hub account, you authorize Vinera Hub Payments to store the Payout Method, remit payments using the Payout Method for bookings associated with your Vinera Hub account and take any other action as permitted in the Payments Terms in respect of the Payout Method.
19.6 If you handle, store or otherwise process payment card information on behalf of anyone or any third-party, you agree to comply on an ongoing basis with applicable data privacy and security requirements under the current Payment Card Industry Data Security Standard with regards to the use, access, and storage of such credit card information. For additional information, including tools to help you assess your compliance, see https://www.visa.com/cisp and https://www.mastercard.com/sdp .
Generally, hosts may not collect any additional fees or charges outside the Vinera Hub platform unless expressly authorized by Vinera Hub.
Vinera Hub only authorizes these fees to be collected if they’re detailed in the listing description and included in the price breakdown before guests book.