Whichost Terms of Service

Updated 14th of April, 2018

Whichost is an online marketplace that allows you to discover and book pubs and also offer your pub to customers. Please read our service agreement carefully below prior to using our marketplace and its services as it governs your use of our platform.

Importantly, this Usage Agreement contains waivers of class actions and jury trials and an agreement to submit all claims and disputes to binding arbitration in Part 4 below. If you do not agree to all the terms and conditions of this Usage Agreement, including those governing disputes in Part 4, you may not use our platform or services.

Services Agreement

This Whichost Services Agreement (“Agreement”) is a contract between Whichost Ltd. (“Whichost” or “we”) and the person(s) that are registered with Whichost (“user” or “you”). This Agreement describes the terms and conditions that apply to your use of the Whichost marketplace to book or list pubs or other pub services through our website or apps, and governs your pub for other users, and establishes the obligations owed between you and Whichost, and between you and other users.

Throughout this Agreement, the term “Service” means the service allowing you to book pubs or offer your pub and pub services to others through our website or apps (the “Platform”). The term Service does not include any services provided by third parties. The terms “Customer” and “Pub” refer to the party Booking or Listing a Pub, respectively.

A “Pub” is the physical space or pub that is made available to a Customer to use during specific times, and subject to specific Fees and any site-specific terms or limitations. A Pub may “List” a Pub by providing certain details about the Pub including availability, pricing, and terms or limitations of use; this posting about a Pub is called a “Listing.”

A customer may “Book” a Pub by accepting the times, fees, and any additional terms (such as fees for Additional Engineering Services) or limitations of the Listing. A “Booking” is (i) only the grant of a limited, temporary, revocable license to use a Pub, and (ii) if applicable, a contract for Pub Services, in the manner, for the time, and subject to all restrictions provided, subject to this Agreement, and as confirmed through the Platform. The scope of the use, including times, specific fees, and other additional terms or limitations, constitutes a “Booking Agreement” that incorporates the terms and conditions of this Agreement and referenced policies. A Booking does not provide you with a lease but only allows you limited access to use the Pub or other services only as permitted in the Agreement and, as applicable, the Booking Agreement.

This Agreement is organized into 5 parts:

Part 1: General Terms includes general terms describing your Account including creating an account, accepting or making payments, and describing how we communicate with you.

Part 2: Platform and Service describe how you may and may not use the Platform and Service, and also describes how we use any data.

Part 3: Whichost Services establishes the obligations of Pubs, including how to List a Pub and what is expected of any Pub Listed through the Service; and the obligations of Customers, including Booking a Pub, expected behaviour, responsibility for payment of Fees, and Booking other services.

Part 4: Termination, Disputes, and Binding Arbitration describe termination or suspension of this Agreement or your Account, and the process of resolving any disputes. This section contains waivers of both class actions and jury trials, and an agreement to submit all claims and disputes to binding arbitration. Please read this section carefully before accepting this Agreement –you may not use the Platform or Services if you do not agree to this section.

Part 5: Additional Legal Terms provides additional legal terms including our ability to update this Agreement, disclaimers and limitations on our liability, and some specific terms for users outside of Ireland. It also includes other documents governing your use of the Services including our Community Guidelines, Fees, Privacy Policy, and Cancellation and Refund Policy.

If you have questions about this Agreement, please contact us at support@whichost.com Your use of the Platform or Services constitutes your ongoing acceptance of this Agreement, as amended.

Part 1: General Terms

1.1 Services

Whichost provides you access to Services through the Platform. You may access the Platform through our website or apps. You may use the Service to List Pubs, Book Pubs as a Customer, communicate with other users and access your Account.

You may also be permitted to Book Pub Services (“Pub Services”) through third-party service providers or through the Pub, which may require you to agree to additional terms or conditions. These Pub Services may include Audio Engineering, Production, or other Services that can take place in the Pubs. This is however not the main marketplace Service provided by Whichost.

We are continuously improving the Platform or Service for all users and reserve the right to make changes at any time. Changes we make to the Platform or Service, including discontinuing certain features, affect all users and we try to minimize disruption to users. However, these changes may affect users differently. We are not responsible if any specific changes we make to the Platform or Service adversely affect how you use them.

1.2 Your Account

Before using the functionality of our Platform or Services, you must create an account with Whichost (“Account”) and provide us with information about yourself or your company. We may ask that you update your Account or provide additional or different information at any time. This includes requiring additional details about Pubs or payment information. Any employees, contractors, or third-parties opening a new or using an existing account (collectively, “Agents”) represent and warrant that they have the authorisation to act on behalf of a person or entity they claim to represent; and if such authorisation is not provided by the person or entity, such Agents acknowledge personal liability for all obligations and liabilities arising from or related to use of the Account by such Agents.

You will be required to provide an email address and password to keep your Account secure (“Credentials”), and agree to keep your Credentials private and secure. You are responsible for any actions taken on your Account using your Credentials whether or not authorised or taken by Agents to List or Book a Pub or Pub Services. You are solely responsible for the actions or communications of your Agents. We are not responsible for and disclaim all liability for use of your Account by your Agents.

When creating or using your Account, you may be required to provide information about yourself or your Pub. You will only provide Content to us that you own or have the authorisation to provide, and ensure that Content is accurate and complete. You must keep any Content current, including your contact or payment information. We reserve the right, but shall not be obligated, to use public and private data sources to validate the accuracy of any Content. This may include validating your identity or business information or verifying information about Pubs. You will provide us with any additional information to verify the accuracy or completeness of any Content that you provide and we may condition your use of the Platform or Service on our ability to verify the accuracy and completeness of this Content. If you do not provide required Content to us as and when we request it, we may suspend or terminate your Account.

If you are not at least 18 years old, you may not open an Account, access the Platform, or use the Services. Users (including Agents) who use the Services or the Platform to List or Book Pubs, Pub Services on behalf of individuals under 18 years old, or provide access or use of Pubs by individuals under 18 years old, accept personal liability for all acts or omissions of such individuals.

You may close your Account at any time by emailing us at support@whichost.com. You are responsible for all activity associated with your Account made before it is closed including payment of Fees, Taxes, or other Payments; providing use of Pubs to Customers as previously Booked; or other liabilities caused by or resulting from the use of the Platform or Service. You understand that we may retain Content and continue to display and use any public Content (including reviews of Pubs) provided to us prior to closing your Account.
At our sole option, we may suspend or terminate your Account.

1.3 Compliance with Laws

As used in this Agreement, “Laws” means all applicable federal, state, local, and other governmental laws, regulations, ordinances, codes, rules, court orders, and all recorded and unrecorded private contract, restrictions, covenants and other agreements. You will comply with all Laws applicable to your use of the Pub, Services, Platform, Pub Services, whether as a Pub or Customer. While we may provide information to help you understand certain obligations of using or listing Pubs, we are not authorised to provide and do not provide any legal advice. You are solely responsible for your compliance with Laws and may only use the Platform or Service in compliance with applicable Laws. If you are unsure how to comply with Laws, you should seek legal advice related to Listing or Booking a Pub.

1.4 Fees and Taxes

(a) Fees, Overtime. You are responsible for payment of fees, expenses, and other amounts related a to Booking (“Fees”). Fees include amounts paid to Whichost, Pubs, and Pub Services and as described in our Fees Overview. Whichost receives Fees for providing use of the Service, and Pubs receive Fees for Bookings. The specific Fees charged are presented when you request, complete, and pay for a Booking. Please review the Pubs individually listed cancellation policy on their Listing prior to submitting a Booking request. You should contact Pubs through the Platform before Booking if you don’t understand the Fees listed or their cancellation policy that will be applicable. Please email us at support@whichost.com at any time if you do not understand Fees or have questions regarding them.

A Booking provides a limited use of a Pub or Pub Services as described in the Listing and Booking Agreement, if applicable. If you use a Pub or Pub Services beyond the Booking you will be responsible for payment of additional Fees (“Additional Fees”) at the Pub's discretion. You are solely responsible for any damage done to the Pub during your Booking.

While we may facilitate the collection of Fees for Pubs and Pub Services, once remitted to Pubs, we are not responsible for the return of Fees or Deposits to Customers, where applicable.

(b) Taxes and Fines. You are solely responsible for payment of all taxes, levies, penalties, and other costs imposed by any taxing authority or government agency related to Listing or Booking Pubs or Pub Services including any sales or occupancy tax, indirect taxes such as value added tax (VAT) or goods and services tax (GST), usage or permitting fees, duties, and other taxes imposed by municipalities, states, or governments through regulation, ordinance, law, or judicial or regulatory interpretation (collectively “Taxes”). Except as required by Law, Whichost will not calculate, track or pay Taxes or submit Tax reporting on your behalf. You are responsible for all Taxes owed for Booking or Listing a Pub, or providing or using Pub Services including, without limitation, accurate calculation of Taxes due, timely remittance of Taxes to the appropriate taxing authority and maintenance of any required records and accounts. If any taxing authority demands that we pay such Taxes on your behalf, you are immediately liable to us for such Taxes and will reimburse or pay Whichost for such Taxes upon demand. You are also responsible for any penalties arising from your failure to comply with this Agreement including those issued by regulatory or taxing authorities, law enforcement, fire code or safety agencies, or other third parties; or that may be issued by us for losses we or users incur that are based on your failure to comply with this Agreement or misuse of the Platform, Services, Pub, or Pub Services (collectively, “Fines”). You understand and agree that Whichost does not provide you with any advice or guidance of any kind or nature regarding Taxes and that you have been advised to consult with your tax advisor for any required advice or guidance regarding Taxes.

(c) Payment. You will timely and fully pay any Fees, Taxes, or other amounts you owe under this Agreement. If you owe amounts and we are unable to receive payment through the Platform for any reason, then we may require that you pay through other means (such as direct debit). We may set-off any amounts owed to us through collection of funds that would otherwise be payable to you through the Platform. You are responsible for any costs or expenses associated with our recovering Fees, Taxes, or Fines owed, including our attorneys’ fees or expenses.

1.5 Receiving Payment

Acceptance and payment of funds between users or Whichost on the Platform (“Payment Processing”) is provided by Stripe. Your use of Payment Processing is subject to the Stripe Connected Account Agreement that includes the Stripe Services Agreement as may be modified by Stripe from time to time (collectively, the “Stripe Agreement”). As a condition using Payment Processing, you must provide accurate and complete information about you and your business and you authorise us to share this information to Stripe. All bank and credit card information is sent directly to and stored with Stripe using their security protocols. Whichost does not store your payment information on its systems and shall not have any responsibility for the safety or security of that information. Your use of Payment Processing is conditioned upon your compliance with the Stripe Agreement, and if the Stripe Agreement is terminated by Stripe you may not be able to use the Platform, or have your Account suspended or terminated.

We may change or add other payment processing services at any time upon notice to you, which may be subject to additional terms or conditions.

1.6 Communication and Notices

We may communicate with you and provide you information or notices regarding your Account or transactions through email or through messaging on the Platform. You will promptly respond to any communications you receive and understand that failure to do so may impact your ability to Book or List Pubs, or use the Platform or Services.

We may send you notices to the email address or physical address included in your Account, through messaging on the Platform. You may send any notices to us at support@whichost.com. You agree that any email notice from us is considered accepted by you one day after such notice was sent and will have the same legal effect as if it were physically delivered to you.

You agree to receive any communications from us and transact with us electronically. This acceptance of emails or other electronic messages constitutes your consent and your electronic signature has the same legal effect as physically signing a document. You may withdraw this consent to transact electronically at any point by providing notice to us. However, given that electronic communication is integral to the Platform and the Services, following any such notice we may elect to close your Account.

If you have problems communicating receiving messages, please first please contact us at support@whichost.com.

1.7 Communication with Other Users

The Platform allows you to communicate with other users without disclosing sensitive personal contact information. It is your responsibility to use good judgment in the information you provide to other users. You may use the Platform only to List or Book Pubs or Pub Services, communicate with us or other users, resolve disputes, or use other functionality we provide to you through the Platform. You may not use the Platform to send messages that are unwanted or unrelated to a Listing or Booking through the Platform, use the Platform to harass or attempt to market other services to users or send spam.

We strongly recommend that you should use the Platform to communicate with other users. If you use other means of communication you understand that you may be putting your personal contact information at risk of misuse. You also understand that any communications made outside of the Platform may impair your ability to recover all or some amounts owed to you in the event of a dispute between you and another user.

We are not responsible for, and disclaim all liability resulting from, any losses or harm to you resulting from sharing personal or sensitive information with other users, or communicating or engaging with users outside of the Platform.

Whichost, at its sole option and without notice or any obligation to do so, may from time to time (i) remove communications among users which contain or share personal contact information, or (ii) suspend or terminate the accounts of users that share personal contact information.

Part 2: Platform and Service

2.1 Ownership, License, Restrictions

Whichost owns all right, title, and interest in the Platform, Services, and all intellectual property embodied or contained in them (individually and collectively, “IP”). IP includes all registered or potential patents, copyrights, trademarks, trade secrets, and other proprietary rights. Through your Account, we grant you a limited, temporary, revocable, non-transferable, non-exclusive license to use the Platform and Service for the purposes described in this Agreement and only as provided to you through the Platform. This license does not constitute a transfer of ownership or grant you any additional rights to use the IP. We may suspend or close your Account and pursue legal action against you if we believe or determine that your use of the Platform, Service, or IP exceeds the scope of this grant; or that you are attempting to hack or disrupt the use of the Platform, Service, or IP by others; or that you are otherwise interfering with the normal operation of the Platform or Service.

2.2 Community Guidelines

We have established Community Guidelines that set our expectations for all users on the Platform. You will review and abide by the Community Guidelines whenever using the Platform or Services, communicating with other users, or using or providing use of Pubs. If you believe that another user is violating the Community Guidelines, please email us at support@whichost.com. Whichost shall have no duty to monitor users’ compliance with or to enforce the Community Guidelines and shall have no liability for any user’s violation of the Community Guidelines.

2.3 Content

(a) Posting Content. You represent and warrant that you are authorised to provide Content to the Platform and that any Content you provide does not violate the proprietary or privacy rights of a third party. You may not provide any Content that is copyrighted by third parties without their express permission. You grant Whichost a fully-paid, worldwide, non-exclusive, perpetual license to use, copy, transmit, distribute, modify, publicly display, and sublicense any Content you provide to us. This grant includes our ability to use any Content for both internal use (such as analysis to improve the Platform or Services) or external use (such as in marketing or online advertising). If you cannot provide us the above grant then you may not provide Content to us. You agree to indemnify, defend and hold us harmless for any damages or losses based on third-party claims that Content violates proprietary or privacy rights.

(b) Restrictions on Certain Content. You may never post any Content that (i) is defamatory, obscene, profane, or pornographic; (ii) is abusive, harassing, or disrespectful of other users; (iii) violates applicable Laws, including those prohibiting discrimination, false advertising, privacy, or unlawful marketing; (iv) is intended to deceive or mislead, is false or inaccurate, or misrepresents the nature or condition of a Pub; (v) contains marketing or promotional content unrelated to the details of a Pub; or (vi) includes sensitive personal information, including payment, contact information, or personal account details.

(c) DMCA Notices. If you believe that any Content posted violates your copyright, please notify us at support@whichost.com. This notice should identify the specific Content and provide us with evidence of your ownership of the copyright or authorisation to enforce the rights of the copyright owner. Any information you provide to us may be shared with other users, third parties, or law enforcement to help assess the claim of infringement or remove infringing content. We will remove any content we determine to be infringing consistent with our obligations under the Digital Millennium Copyright Act (DMCA).

2.4 Privacy and Data Usage

Our Privacy Policy describes our collection, use, storage, and sharing personal information. This includes personal information included in Content and information collected through use of the Platform. We may anonymise, pseudonymise, or aggregate any information, including personal information or Content, and use this information for any purpose including improvement of the Platform or Services, or creating or distributing public marketing collateral.

Part 3: Whichost Services

3.1 Listing Pubs - This section applies to Pubs

(a) Listings. When you List a Pub, you must provide details about the Space including a description, the cost of a Booking, a list of amenities, current pictures, and other details about its potential uses and condition (collectively, “Description”). While it is important to communicate the benefits of your Pub, the Description must be accurate and give potential Customers a reasonably good understanding of how they may use the Pub for their Booking. Descriptions may not include any additional contractual obligations or alter Customers legal liabilities from those described in this Agreement.

(b) Transacting with Customers. All Pubs must comply with our Community Guidelines when Listing a Pub, providing a Description, and in transacting with Customers. You are responsible for maintaining the Pub and Pub Services so that Customers may reasonably use them as provided in the Description and Booking. Pubs must be in good working order and provided to Customers in a safe, clean and usable condition as described.

(c) Conduct and Fees. As a Pub, you are solely responsible for ensuring that Pub complies with all applicable Laws including any local ordinances related to the condition, licensure, or registration Pubs for use by Customers, and payment of Taxes. We may condition your continued use of the Platform and Services on your providing proof, to our reasonable satisfaction, of your compliance with Laws at any time.

3.2 Booking Pubs and Pub Services - This section applies to Customers

(a) Bookings. As a Customer, you should review the Description and availability to confirm they are appropriate for your Booking. The Platform allows you to confirm any details or ask the Pub any specific questions about the Pub or Pub Services, or confirm details of a Booking, without sharing your personal contact information. Prior to Booking, you will need to provide payment information through the Platform. Booking Fees will be shown before you complete your Booking. You are responsible for all Fees and Taxes associated with the Booking. All Bookings are subject to the Cancellation Policy listed on each individual Pub Listing.

When you Book a Pub, you are only provided with a license to use the Pub as described in the Booking and confirmed by the Pub, subject to this Agreement and any Booking Agreement. A Booking does not provide you with a lease or access or use of the Pub beyond the specified time and Description.

(b) Conduct and Fees. You will comply with the Community Guidelines and any Booking Agreements throughout the Booking and use the Pub or Pub Services only as permitted or agreed upon and consistent with the Description, and assure that any attendees do the same. During your Booking, you are responsible for (i) the behaviour and acts of others in attendance that access the Pub, (ii) ensuring that the use does not exceed any limitations identified in the Booking, (iii) complying with applicable Laws. You are responsible for and accept all liability for any damage done to the Pub during your Booking by yourself or others in attendance whether intentional or not, for your failure to comply with applicable Laws, and for any Fines you incur. You agree the Pub and all amenities will be in substantially the same condition as provided to your or as otherwise agreed in any Booking Agreement and consistent with the Community Guidelines, and to promptly notify Pubs of any damage done to the Pub or Amenities.

3.3 Required and Supplemental Insurance

Required Insurance. Every user will acquire and maintain all insurance as required by Law and suitable for you or your business. You are solely responsible for understanding and evaluating what insurance is appropriate to cover damage, loss, injury, legal liability, and other harm specific to you, your business, those attending the Booking, third parties, the Pub, and deciding what coverage, limits and providers are appropriate for you.

3.4 Cancellations and Refunds

All cancellations and any refunds that may be available to you are subject to our Fees and cancellations are subject to the individual Cancellation Policy identified on each Pubs Listing. Whichost is not liable for any fees, expenses, or liability that is not in compliance with the Cancellation Policy for a Listing.

Part 4: Termination, Disputes, and Binding Arbitration

4.1 Term, Termination, and Survival

(a) Term and Termination By User. You consent to this Agreement when you first access or use the Platform or Services, and your continued use of the Platform and Services constitutes your ongoing consent to this Agreement as amended from time to time. You may terminate this Agreement by closing your Account with us, however, this will not immediately terminate any ongoing rights or obligations you or we may have. This includes any obligations to pay for Bookings, to honour any Bookings made before termination, or to pay Fees, Taxes or Fines due; or any liabilities that you incurred prior to termination.

(b) Suspension or Termination by Whichost. We may suspend your Account--including your ability to communicate with other users or receive payments, or complete a Booking--or terminate this Agreement and your Account at any time including, without limitation, (i) if we believe that use of your Account poses a risk to Whichost, you, other users, or third parties, (ii) actual or potential fraud by you or on your behalf, (iii) your failure to respond to communications from us or other users, or (iv) your failure to comply with this Agreement or applicable Law.

(c) Survival. The following provisions will also survive termination of this Agreement: Parts 1.3 (Compliance with Laws), 1.4 (Fees and Taxes), 1.6 (Communication and Notices), 1.7 (Communication with Other Users), 2.1 (Ownership, License, Restrictions), 2.2 (Content), 2.4 (Privacy and Data Usage), Part 3.1(Conduct and Fees) for Pubs, Part 3.2(b) (Conduct and Fees) for Customers, 3.3 (Required and Supplemental Insurance), 3.7 (Cancellations and Refunds), 4 (Termination, Disputes, and Binding Arbitration), and Part 5 (Additional Legal Terms).

4.2 Binding Arbitration

This section describes how disputes or claims arising under this Agreement between you and Whichost or between you and another user (not resolved through the process set forth in Part 4.3) will be resolved. It includes waivers to both a jury trial and your ability to join other plaintiffs as part of a class action. Please read this section carefully before accepting this Agreement—you may not use the Platform or Services if you do not agree to this section.

(a) Process for Arbitration. Subject to the exclusions provided in Part 4.2(b) and the process provided in Part 4.3, all disputes, claims, and controversies arising under or related to this Agreement between you and Whichost or between you and another user (if not resolved pursuant to Part 4.3 below) will be resolved through binding arbitration as follows:

  • (i) if the amount of the dispute, claim, or controversy is reasonably less than €25,000, resolution shall be administered online by an online arbitration provider of our choosing in accordance with their applicable arbitration rules and procedures effective at the time a claim is made. You consent to receive electronic service of process at the email associated with your Account. Where you are delinquent in responding to such process, you will be responsible for any attorney, court, or other fees associated with the delinquency. The party filing the User Dispute will be responsible for payment of any costs associated with that filing, including costs borne by Whichost. As a part of the User Dispute, you may also seek to recover these costs if you prevail.

  • (ii) if the amount of the dispute, claim or controversy is reasonably €25,000 or more, resolution shall be before a single arbitrator and administered by JAMS International. This includes but is not limited to any statutory or common law claims relating to breach, enforcement, or interpretation of this Agreement and any Booking Agreement. Any such arbitration will take place in the county where the Booked or Listed Pub is located, unless you and Whichost mutually agree otherwise. The arbitrator will apply the substantive Laws of Ireland. All claims from €25,000 to €250,000 shall be subject to the JAMS International Streamlined Arbitration Rules. To initiate such an arbitration, a party will provide a written demand that states both the basis of the claim and the desired relief. Each party irrevocably and unconditionally consents to service of process through personal service at their corporate headquarters, registered address, or primary address (for individuals or sole proprietors). Nothing in this Agreement affects the right of any party to serve process in any other manner permitted by Law.

Once arbitration is initiated as provided in Subparts (i) or (ii) above, the parties will share the costs of the arbitration, facilities, and arbitration reporters (as necessary) equally except as otherwise determined by the arbitrator. Each party will be responsible for its own attorneys’ fees and legal costs. The arbitrator may award the prevailing party recovery of any of the costs of arbitration or legal fees as they see appropriate.

The arbitrator may provide for any monetary or other remedies that are available under applicable Law but may not modify the terms of this Agreement or any Booking Agreement. The arbitrator will provide a reasoned decision addressing the specifics of the dispute. The decision is binding and not subject to appeal. The parties will act promptly to respect the decision of the arbitrator, including payment of any amounts owed or taking of any action required.

Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

(b) Certain Claims Excluded. Notwithstanding Part 4.2(a), the parties agree that any claims based on ownership or misuse of the other party’s intellectual property—including patents, copyrights, or trademarks—may be brought before the courts in Ireland. Either party may also seek provisional remedies for injunctive relief under such claims from a court of competent jurisdiction.

(c) Class Action and Jury Waiver. Each party agrees that any action or claim arising from or related to this Agreement or any Booking Agreement may only be brought on an individual basis and not part of a class action or consolidated arbitration, or join claims with other users or third parties. Further, each party expressly waives its right to a jury in arbitration and court, where permitted. You may opt-out of this class action and jury waiver described in Part 4.2(c) by emailing us at support@whichost.com within 30 days of your first use of the Platform or Services. You must include your name, phone number, physical address, and email address in your opt-out notice. This is your only mechanism for opting out of this Part 4.2(c) and failure to do so as described constitutes your consent to this waiver. If you choose to opt out of this Part 4.2(c), please note that all other provisions of this Agreement will remain intact and in full force and effect.

(d) Conflict of Rules. If any provision of this Part 4.2 is found to be invalid or unenforceable, the reviewing court or arbitrator, as applicable, will interpret or revise the provisions only as minimally necessary to comply with Law. All the other provisions will remain enforceable and intact as written.

4.3 Disputes Between Users

This section describes how disputes or claims arising under this Agreement between you and another user will be resolved. Please read this section carefully before accepting this Agreement—you may not use the Platform or Services if you do not agree to this section.

(a) Initial User Dispute Resolution. You agree to first attempt to resolve any disputes, disagreements, or claims that you have with other users (“User Dispute”) in good faith through the Platform. If you are unable to resolve the User Dispute, you then will submit the User Dispute to us at support@whichost.com. In our sole discretion, we may (i) require that you submit additional details regarding any User Dispute, and/or (ii) hold any pending payments or reverse any payments already made to you and hold such payments pending final resolution of the User Dispute. We will review the summary and communications made on the Platform. We may, but are not required to, also review communications made outside of the Platform. Upon review and investigation, we will either (a) provide you and the other user our conclusion based on the summary provided, which you agree to accept as final and binding determination with the same force and effect as if determined through arbitration as provided in Part 4.2; or (b) require that the dispute is resolved through binding arbitration adjudicated by a third party as provided in Part 4.2(a). The party filing the User Dispute will be responsible for payment of any costs associated with that filing, including costs borne by Whichost. As a part of the User Dispute, you may also seek to recover these costs if you prevail. Any payments held by Whichost pending final resolution of a User Dispute shall be disbursed by Whichost as determined by Whichost, the arbitrator, or a court of competent jurisdiction.

(b) User Disputes Under €25,000. After following the process outlined above, if the User Dispute relates to an amount reasonably less than €25,000, you agree to submit the User Dispute to binding arbitration as provided in Part 4.2(a)(i) above.

(c) User Disputes of €25,000 or higher. After following the process outlined above, if the User Dispute relates to an amount reasonably €25,000 or more, you agree to submit the User Dispute to binding arbitration as provided in Part 4.2(a)(ii) above.

4.4 Confidentiality of Proceedings

Any proceedings pursuant to this Part 4 and their results will be maintained as confidential by all parties. Except as may be required by Law, the parties and those persons participating in the proceedings on their behalf will not disclose and will maintain the confidentiality of all materials, testimony, and evidence provided during the proceeding as well as the results of such proceeding. The parties agree to enter into a separate confidentiality agreement or order, as appropriate, to maintain the confidentiality of the proceedings.

Part 5: Additional Legal Terms

5.1 Right to Amend

We may amend or modify this Agreement at any time by posting the modified Agreement on our website, sending you a copy via email, or otherwise communicating the amendment to you through the Platform. Your continued use of the Platform or Services after we amend or modify this Agreement constitutes your consent to the revised Agreement.

5.2 Cancellations

Whichost is not responsible or liable for nonperformance caused by communication failures or nonperformance of Pubs.

Cancellations of Bookings, whether with or without cause or caused by events outside of your reasonable control, are subject to individual Pub Listing Cancellation and Refund Policy. Please review it carefully before Booking a Pub or Pub Services.

5.3 No Assignment

You may not assign this Agreement or any rights granted to you, including operation or management of your Account, without our prior written consent. Any attempt to do so without our prior consent will be void. We may assign this Agreement upon notice to you as part of a sale or transfer of part or all of our business. Any permitted transfer will inure to the benefit of and bind any successors in interest.

5.4 Disclaimers

WHICHOST PROVIDES THE PLATFORM AND SERVICE TO LIST AND BOOK PUBS AND PUB SERVICES, AND COMMUNICATE WITH OTHER USERS. WE ARE NOT RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR PROVIDING, OR FOR THE CONDITION OR NATURE OF, ANY PUB OR PUB SERVICES. PUBS, CUSTOMERS, AND PUB SERVICE PROVIDERS ARE INDEPENDENT THIRD-PARTIES AND ARE NOT AFFILIATED, CONTROLLED BY, OR EMPLOYED BY WHICHOST. PUBS SET THEIR OWN PRICES, USE THEIR OWN FACILITIES AND RESOURCES, AND MAY CONDITION USE OF PUBS OR PUBS SERVICES AS THEY FEEL IS APPROPRIATE FOR THEIR BUSINESS.

YOU UNDERSTAND AND AGREE THAT USE OF THE PLATFORM AND SERVICES ARE AT YOUR OWN RISK. WHICHOST IS NOT RESPONSIBLE FOR PERFORMING AND DOES NOT PERFORM BACKGROUND CHECKS ON CUSTOMERS, PUBS, OR PUB SERVICES PROVIDERS (INCLUDING CRIMINAL OR CIVIL CHECKS); DOES NOT REVIEW THE CONDITION OF PUBS OR ENSURE THAT THEY COMPLY WITH EXISTING LAW, MEET ANY SPECIFIC REQUIREMENTS, OR ARE CONSISTENT WITH THEIR DESCRIPTION; AND DOES NOT GUARANTEE PERFORMANCE OF ANY USER OR THIRD PARTY. ANY INFORMATION PROVIDED TO YOU REGARDING CUSTOMERS, PUBS, OR PUB SERVICES PROVIDERS IS ONLY PROVIDED TO FACILITATE YOUR USE OF THE PLATFORM AND IS PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY. WHICHOST DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, THAT ANY INFORMATION PROVIDED THROUGH THE PLATFORM IS ACCURATE OR COMPLETE, OR THAT ANY CUSTOMERS, PUBS, OR PUB SERVICES PROVIDERS WILL BE PROVIDED TO YOU AS DESCRIBED. WHICHOST DISCLAIMS ALL RESPONSIBILITY FOR AND LIABILITY RESULTING FROM THE NEGLIGENCE, INTENTIONAL MISCONDUCT, OR CRIMINAL ACTIVITY OF ALL USERS OR THIRD PARTIES, OR ANY INJURY OR PROPERTY DAMAGE THAT OCCURS TO YOU, THIRD PARTIES, OR PROPERTY WHILE ACCESSING OR USING PUBS OR PUB SERVICES.

THE PLATFORM AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY GUARANTEE OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY FOR YOUR PARTICULAR USE, OR NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DISCLAIM THAT THE PLATFORM OR SERVICES ARE FREE FROM ERROR OR VIRUSES; THAT THEY WILL NEVER CAUSE HARM; THAT THEY MEET OR BE SUITABLE FOR YOUR NEEDS OR REQUIREMENTS; THAT THEY ARE ALWAYS AVAILABLE; OR THAT THEY ACCURATELY REPRESENT PUBS OR PUB SERVICES PROVIDERS. WE EXPRESSLY DISCLAIM ANY OBLIGATION TO CORRECT ERRORS, EVEN THOSE THAT WE ARE AWARE OF, AND MAY CHOOSE TO DISCONTINUE OPERATION OF THE PLATFORM OR SERVICE, OR FEATURES OF EITHER, AT ANY TIME.

5.5 Representations and Warranties

By opening your Account, you represent and warrant that (a) you are authorised to use the Platform and Services and have authority to execute this Agreement; (b) that you have only one Account with us and have not had an Account terminated by us previously; (c) all information provided to us is accurate and complete; (d) you will not use the Platform or Services in violation of Law or the Community Guidelines, to commit fraud, to deceive other users, or for any other improper purpose; and (e) you are authorised to provide any Content to us.

When using the Platform or Services as a Pub, you further represent and warrant that (f) you are permitted under applicable Laws to List any Pubs provided; (g) your Listing of a Pub and the Pub itself comply with applicable Laws; and (h) you will reasonably facilitate the use of, and not obstruct the use of, the Pubs as Booked by Customers.

When using the Platform or Services as a Customer, you further represent and warrant that (i) you will comply with any Booking Agreements; (j) you will not use Pubs or Pubs Services in a manner that violates Laws or Community Guidelines, or that facilitates the violation of either by third parties; and (k) that any payment Credentials provided to us may be used as described in this Agreement.

5.6 Indemnities

You will indemnify, defend and hold Whichost and its owner(s), agents, members, information providers, attorneys, or affiliates (collectively, “Whichost Affiliates”) harmless against all third-party claims, liabilities, losses, damages, and related expenses (including reasonable legal expenses) (collectively, “Claims”) arising from or related to (a) provision of your Pub (for Pubs) or Pub Service (for Pubs), or use of Pubs or Pub Services (for Customers); (b) Content you provide through the Platform; (c) your failure to comply with Laws; (d) your providing of information to us that is inaccurate or incomplete, (e) your breach of any of your obligations under this Agreement, and (f) any contract or other agreement between you and any other user other than through the Platform. This indemnification will survive termination of this Agreement.

5.7 Limitations of Liability

EXCEPT TO THE LIMITED EXTENT OF THE WHICHOST FEES (AS DEFINED BELOW) UNDER NO CIRCUMSTANCES OR ANY LEGAL THEORY WILL WHICHOST OR ITS OWNERS, AGENTS, MEMBERS, INFORMATION PROVIDERS, ATTORNEYS, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER BASED UPON OR ARISING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM OR SERVICES, OR PUBS OR PUB SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH THE PLATFORM OR SERVICES, OR ANY CONTENT CONTAINED THEREIN, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM AND SERVICES.

AS USED HEREIN, “WHICHOST FEES” SHALL MEAN THE AMOUNT PAID BY YOU TO WHICHOST, EXCLUDING ANY AMOUNTS THAT WERE PAID OR PAYABLE TO PUBS OR PUB SERVICES, FOR USE OF THE PLATFORM OR SERVICES.

THE LIMITATION OF LIABILITY SET FORTH ABOVE APPLIES TO THE EXTENT PERMITTED BY LAW.

5.8 Additional Terms for Users outside Ireland

We may allow for use of the Service to List Pubs outside of Ireland. Where this is permitted, you will be required to ensure that your use of the Service, including Listing or Booking, as applicable, comply with all Laws specific to your country, province, or region. European users may be required to provide information to assist with our collection of the VAT or other indirect Taxes or evidence of your exemption such Taxes.

5.9 Entire Agreement; Interpretation

This Agreement together with any Booking Agreement constitutes the entire agreement between you and Whichost governing your use of the Platform or Services. This Agreement supersedes all prior understandings or agreements between you and Whichost. As between you and Whichost, this Agreement controls over any conflicting terms in a Booking Agreement except where expressly stated otherwise and agreed upon in writing between the parties.

Any monetary amounts described in this agreement will be in Euros and “€” will be read to mean Euros.

Whichost Privacy Policy

Updated 14th of April, 2018

This Privacy Policy explains how Whichost Ltd (“Whichost” or “we”) collects, uses, and shares personal information. As used in this Privacy Policy, “you” may refer to either a user of Whichost’s products or services (“Services”); or a person providing visiting our website, using our apps, or interacting with us. This Privacy Policy describes our use of information that identifies or might reasonably identify you (“personal information”).

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy. In some cases, we may provide you with additional notice, such as sending you an email notification. We encourage you to review the Privacy Policy whenever you use our Services or apps or visit our website to understand how we use personal information and the ways you can help protect your privacy.

If you have questions about this Privacy Policy or our use of personal information, please email us at support@whichost.com. Your use of the website or Services constitutes your acceptance of our use of your personal information as described in this Privacy Policy.

Collection of Information

Information You Provide to Us

We may collect and use personal information that you provide directly to us. The types of personal information we may collect when you provide it to us include your name, email or physical address, company information, payment information, pictures, descriptions of properties, and other information you choose to provide.

No use for people under the age of 18 years old.

The Services are not intended for people under 18 years of age. If you are under 18, do not use or provide any personal information on or through the Services or about yourself to us. If you believe that we might have personal information from or about a child under 18, please email us at support@whichost.com.

Information We Collect Automatically When You Use our Services

When you access or use our Services, we automatically collect personal information and other information that may include:

Log Information: We log personal information during use of our Services, including browser information, page views, IP addresses, and the website visited before navigating to our website to help us to improve our website and Services.

Information Collected by Cookies and Other Tracking Technologies: we may use various technologies to collect information, including cookies. Cookies are small data files stored in device memory that help us to improve our users’ experience of our website and Services, identify popular features, and count visits. We may also collect information using web beacons (also known as “tracking pixels”). Web beacons are electronic images that may be used in our Services or emails to help deliver cookies, count visits, understand usage, and campaign effectiveness and determine whether an email has been opened and acted upon. If your browser is set not to accept cookies, you may not be able to use the website or Services.

Information We Collect From Other Sources

We may also obtain information from other sources and combine that with the information we collect through our website or Services. For example, when you create or log into your account through a social media site, we will have access to certain information from that site, such as your name and account information, in accordance with the authorisation procedures determined by such social media sites except to the extent that your chosen social media platform allows you to disable this functionality. We may use publicly available tools, such as a Google Analytics, to better understand users’ preferences. Collection of data by third-party tools are subject to their respective privacy policies.

Use of Information

We may use personal information for various purposes, including to do the following:

  • Provide and deliver the Services, process transactions, and send you Service-related information, including confirmations and invoices;

  • Send you technical notices, updates, security alerts, support messages, and administrative messages;

  • Respond to your comments, questions, and requests, and provide customer service;

  • Provide, maintain, advertise, promote and improve our Services;

  • Facilitate communication among users of our Services;

  • Communicate with you about products, services, offers, promotions, and more about Whichost and others

  • Monitor and analyze trends, usage, and activities in connection with our Services; Personalize and improve our Services and provide content or features through the Service that match user profiles or interests;

  • Link or combine with information we get from others to help understand your needs and provide you with better service; and

  • Carry out any other purpose for which the information was collected.

Whichost is based in Ireland, and the information we collect is governed by Irish law and the laws of the other countries in which we operate. By accessing or using our Services or otherwise providing information to us, you understand and consent to the processing and transfer of information in Ireland and other countries for the purposes set out in this Privacy Policy.

Sharing of Information

We may share personal information as follows or as otherwise described in this Privacy Policy:

  • With vendors, consultants, and other service providers who need access to such information to carry out work on our behalf as requested through the Services;

  • With third parties to provide marketing and promotional purposes on our behalf, provided that they have agreed to handle personal information in a manner consistent with this Privacy Policy;

  • In response to a request for information, if we believe disclosure is in required by applicable law, regulation, or rule; or administrative, judicial, or other governmental order;

  • In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company; and

Anonymised, Pseudonymised, and Aggregated Data

We may also anonymise or pseudonymise to remove any identifying attributes, or aggregate personal information with a sufficiently large number of other information such that it cannot reasonably be linked to you (“anonymised data”). We may use this anonymised data for both internal or public analyses or reporting, but will not identify you in the anonymised data without your consent.

Analytics Services Provided by Others

We may allow others to provide analytics services. These entities may use cookies, web beacons, and other technologies to collect personal information use of our Services and other websites, including your IP address, web browser, pages viewed, time spent on pages, links clicked, and conversion information. Whichost and others may use this information to, among other things, analyse and track data, determine the popularity of certain content, and better understand user online activity.

Security

Whichost takes reasonable measures to help protect personal information from loss, theft, misuse, and unauthorised access, disclosure, alteration, and destruction.

Your Choices

Account Information

You may update, correct or delete personal information at any time by emailing us at support@whichost.com. If you wish to delete or deactivate your account, you can do so by emailing us, but we may retain certain personal information as required by law or for legitimate business purposes. We may also retain cached or archived copies of your personal information until purged during our normal course of business.

Cookies

Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Removing or rejecting browser cookies does not necessarily affect third party flash cookies used in connection with our Services. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.

Promotional Communications

You may opt out of receiving promotional communications from Whichost by following the unsubscribe instructions in those communications or by emailing us at support@whichost.com. If you opt out, we may still send you non-promotional communications, including those about your account or transactions.

Contact Information

Please email us at support@whichost.com with any questions or comments about this Privacy Policy.

Whichost Cookie Policy

Whichost uses cookies and similar technologies to help provide, protect, and improve the Whichost Platform. This policy explains how and why we use these technologies and the choices you have.

A cookie is a small data file that is transferred to your device (e.g. your phone or your computer). For example, a cookie could allow us to recognise your browser, while another could store your preferences. There are two types of cookies used on the Whichost Platform: (1) “session cookies” and (2) “persistent cookies.” Session cookies normally expire when you close your browser, while persistent cookies remain on your device after you close your browser, and can be used again the next time you access the Whichost Platform.

We also use other technologies with similar functionality to cookies, such as web beacons, pixels, mobile identifiers, and tracking URLs, to obtain Log Data (as described in the Privacy Policy). For example, our email messages may contain web beacons and tracking URLs to determine whether you have opened a certain message or accessed a certain link.

Why Whichost Uses These Technologies

We use these technologies for a number of purposes, such as:

  • To enable you to use and access the Whichost Platform and the Payment Services.

  • To enable, facilitate and streamline the functioning of and your access to the Whichost Platform.

  • To better understand how you navigate through and interact with the Whichost Platform and to improve the Whichost Platform.

  • To serve you tailored advertising (on the Whichost Platform and on third party websites).

  • To show you content (e.g., advertisements) that is more relevant to you.

  • To monitor and analyse the performance, operation, and effectiveness of the Whichost Platform and Whichost advertisements.

  • To enforce legal agreements that govern use of the Whichost Platform.

  • For fraud detection and prevention, and investigations.

  • For purposes of our own customer support, analytics, research, product development, and regulatory compliance.

Third Parties

We may also allow certain business partners to place these technologies on the Whichost Platform. These partners use these technologies to (1) help us analyse how you use the Whichost Platform, such as by noting the third party services from which you arrived, (2) market and advertise Whichost services to you on the Whichost Platform and third party websites, (3) help us detect or prevent fraud or conduct risk assessments, or (4) collect information about your activities on the Whichost Platform, other sites, and/or the ads you have clicked on. For example, to help us better understand how people use the Whichost Platform, we work with a number of analytics partners, including Google Analytics. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-Out Browser by clicking here (http://tools.google.com/dlpage/gaoptout).

Third parties may also use such tracking technologies to serve ads that they believe are most likely to be of interest to you and measure the effectiveness of their ads both on the Whichost Platform and on other websites and online services. Targeting and advertising cookies we use may include Google, and other advertising networks and services we use from time to time. For more information about targeting and advertising cookies and how you can opt out, you can visit the Network Advertising Initiative’s opt-out page, the Digital Advertising Alliance’s opt-out page, or http://youronlinechoices.eu. To opt out of Google Analytics for display advertising or customise Google display network ads, you can visit the Google Ads Settings page. To the extent advertising technology is integrated into the Whichost Platform and you opt-out of tailored advertising, you may still receive advertising content. In that case, the advertising content will just not be tailored to your interests. Also, we do not control any of these opt-out links and are not responsible for the availability or accuracy of these mechanisms.

Third Party Social Plugins

The Whichost Platform may use social plugins provided and operated by third parties, such as Facebook’s Like Button. As a result of this, you may send to the third party the information that you are viewing on a certain part of the Whichost Platform. If you are not logged into your account with the third party, then the third party may not know your identity. If you are logged in to your account with the third party, then the third party may be able to link information or actions about your interactions with the Whichost Platform to your account with them. Please refer to the third party’s privacy policies to learn more about its data practices.

Your Choices

Most browsers automatically accept cookies, but you can modify your browser setting to decline cookies by visiting the Help portion of your browser’s toolbar.

Flash cookies operate differently than browser cookies, and cookie management tools available in a web browser will not remove ash cookies. To learn more about how to manage flash cookies, you can visit the Adobe website and make changes at the Global Privacy Settings Panel.

Your mobile device may allow you to control cookies through its settings function. Refer to your device manufacturer’s instructions for more information.

If you choose to decline cookies, unfortunately you won't be able to use the Whichost Platform.some parts of the Whichost Platform may not work as intended or may not work at all.

Whichost Inclusion Policy

Our Commitment to Inclusion and Respect

Whichost is, at its core, an open community dedicated to bringing the world closer together by fostering meaningful, shared celebrations among people from all parts of the world.

The Whichost community is committed to building a world where people from every background feel welcome and respected, no matter how far they have travelled from home. This commitment rests on two foundational principles that apply both to Whichost’s pubs and customers: inclusion and respect. Our shared commitment to these principles enables every member of our community to feel welcome on the Whichost platform no matter who they are, where they come from, how they worship, or whom they love. Whichost recognises that some jurisdictions permit, or require, distinctions among individuals based on factors such as national origin, gender, marital status or sexual orientation, and it does not require pubs to violate local laws or take actions that may subject them to legal liability. Whichost will provide additional guidance and adjust this inclusion policy to reflect such permissions and requirements in the jurisdictions where they exist.

While we do not believe that one company can mandate harmony among all people, we do believe that the Whichost community can promote empathy and understanding across all cultures. We are all committed to doing everything we can to help eliminate all forms of unlawful bias, discrimination, and intolerance from our platform. We want to promote a culture within the Whichost community—pubs, customers and people just considering whether to use our platform—that goes above and beyond mere compliance. To that end, all of us, Whichost employees, hosts and customers alike, agree to read and act in accordance with the following policy to strengthen our community and realise our mission of ensuring that everyone can belong, and feels welcome, anywhere.

  • Inclusion – We welcome customers of all backgrounds with authentic kindness and open minds. Joining Whichost, as a pub or customer, means becoming part of a community of inclusion. Bias, prejudice, racism, and hatred have no place on our platform or in our community. While hosts are required to follow all applicable laws that prohibit discrimination based on such factors as race, religion, national origin, and others listed below, we commit to do more than comply with the minimum requirements established by law.

  • Respect – We are respectful of each other in our interactions and encounters. Whichost appreciates that local laws and cultural norms vary around the world and expects pubs and customers to abide by local laws, and to engage with each other respectfully, even when views may not reflect their beliefs or upbringings. Whichost’s members bring to our community an incredible diversity of background experiences, beliefs, and customs. By connecting people from different backgrounds, Whichost fosters greater understanding and appreciation for the common characteristics shared by all human beings and undermines prejudice rooted in misconception, misinformation, or misunderstanding.

Specific Guidance for PUBs in Ireland and European Union

As a general matter, we will familiarise ourselves with all applicable local laws that apply to booking and places of public celebration. Pubs should contact Whichost customer service if they have any questions about their obligations to comply with this Whichost Inclusion Policy. Whichost will release further discrimination policy guidance for jurisdictions outside Ireland in the near future. Guided by these principles, our Irish and EU pub community will follow these rules when considering potential customers and hosting customers:

Race, Colour, Ethnicity, National Origin, Religion, Sexual Orientation, Gender Identity, or Marital Status

Whichost pubs may not

  • Decline a customer based on race, colour, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.

  • Impose any different terms or conditions based on race, colour, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.

  • Post any listing or make any statement that discourages or indicates a preference for or against any customer on account of race, colour, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.

Gender

Whichost pubs may not

  • Decline to book to a customer based on gender.

  • Impose any different terms or conditions based on gender.

  • Post any listing or make any statement that discourages or indicates a preference for or against any customer on account of gender.

Disability

Whichost pubs may not

  • Decline a customer based on any actual or perceived disability.

  • Impose any different terms or conditions based on the fact that the customer has a disability.

  • Substitute their own judgement about whether a space meets the needs of a customer with a disability for that of the prospective customer.

  • Inquire about the existence or severity of a customer’s disability, or the means used to accommodate any disability. If, however, a potential customer raises his or her disability, a pub may, and should, discuss with the potential customer whether the listing meets the potential customer’s needs.

  • Prohibit or limit the use of mobility devices.

  • Charge more in book or other fees for customers with disabilities.

  • Post any listing or make any statement that discourages or indicates a preference for or against any customer on account of the fact that the customer has a disability.

  • Refuse to communicate with customers through accessible means that are available, including relay operators (for people with hearing impairments) and e-mail (for people with vision impairments using screen readers).

  • Refuse to provide reasonable spaces, including flexibility when customers with disabilities request modest changes in your business rules, such as bringing an assistance animal that is necessary because of the disability, or using an available parking space near the unit. When a customer requests such a requirement, the pub and the customer should engage in a dialogue to explore mutually agreeable ways to ensure the space meets the customer’s needs.

Whichost pubs may

  • Provide factually accurate information about the space’s accessibility features (or lack of them), allowing for customers with disabilities to assess for themselves whether the unit is appropriate to their individual needs.

Personal Preferences

Whichost pubs may

  • Except as noted above, Whichost pubs may decline to book based on factors that are not prohibited by law. For example, except where prohibited by law, Whichost pubs may decline to book customers with pets, or to customers who smoke.

  • Require customers to respect restrictions on foods consumed in the listing (e.g., a pub who maintains a Kosher or vegetarian kitchen may require customers to respect those restrictions).

  • Nothing in this policy prevents a pub from turning down a customer on the basis of a characteristic that is not protected under the civil rights laws or closely associated with a protected class. For example, an Whichost pub may turn down a customer who wants to smoke in a space, or place limits on the number of customers in a space.

When customers are turned down. Pubs should keep in mind that no one likes to be turned down. While a pub may have, and articulate, lawful and legitimate reasons for turning down a potential customer, it may cause that member of our community to feel unwelcome or excluded. Pubs should make every effort to be welcoming to customers of all backgrounds. Pubs who demonstrate a pattern of rejecting customers from a protected class (even while articulating legitimate reasons), undermine the strength of our community by making potential customers feel unwelcome, and Whichost may suspend pubs who have demonstrated such a pattern from the Whichost platform.

Specific Guidance for pubs Outside Ireland and European Union

Outside of Ireland and the European Union, some countries or communities may allow or even require people to make celebration distinctions based on, for example, marital status, national origin, gender or sexual orientation, in violation of our general inclusion philosophy. In these cases, we do not require pubs to violate local laws, nor to accept customers that could expose the pubs to a real and demonstrable risk of arrest, or physical harm to their persons or property. Pubs who live in such areas should set out any such restriction on their ability to receive particular customers in their listing, so that prospective customers are aware of the issue and Whichost can confirm the necessity for such an action. In communicating any such restrictions, we expect hosts to use clear, factual, non-derogatory terms. Slurs and insults have no place on our platform or in our community.

What happens when a pub does not comply with our policies in this area?

If a particular listing contains language contrary to this inclusion policy, the pub will be asked to remove the language and affirm his or her understanding and intent to comply with this policy and its underlying principles. Whichost may also, in its discretion, take steps up to and including suspending the host from the Whichost platform.

If the pub improperly rejects customers on the basis of protected class, or uses language demonstrating that his or her actions were motivated by factors prohibited by this policy, Whichost will take steps to enforce this policy, up to and including suspending the pub from the platform.

As the Whichost community grows, we will continue to ensure that Whichost’s policies and practices align with our most important goal: To ensure that customers and pubs feel welcome and respected in all of their interactions using the Whichost platform. The public, our community, and we ourselves, expect no less than this. 

Whichost Community Guidelines

Updated 13th of April, 2018

Whichost is an online marketplace built on the foundation of trust, the best interest of the community, and thus we do have Community Guidelines that we’ve created and actively enforce. We take violations of these Community Guidelines seriously and may suspend or terminate an Account for ongoing or serious violations. Fraudulent or illegal activity may also be subject to legal action taken. We reserve the right to also edit or remove content on our site that violates these Community Guidelines or if we believe it adversely affects the integrity of the Whichost marketplace or its users.

These Community Guidelines are part of and use words and phrases that are identified in our Terms of Service (Services Agreement). If you have any questions about these Community Guidelines or if you believe that a user has violated these Community Guidelines, please email us immediately at support@whichost.com.

Pubs must:

1. Comply with local laws, local zoning ordinances, and tax laws at all times.
Whichost is not liable for ensuring compliance and it is the responsibility of pubs and each listing owner to ensure all local laws, zoning ordinance, and also tax compliance is met. You must also legally report income generated from Whichost to your business and it is your responsibility to do so. If you are responsible for charging local taxes on services, you must also comply with these regulations.

2. Accurate representation of the pubs, pricing, and services of each pub.
Most customers and those looking to book your space have not seen the pub in person, so be honest and clearly represent the pub and the services that you are offering. Do not misrepresent pricing or dishonestly make claims by any means. We will take proactive action if it is reported or discovered that you are misrepresenting your pub or the services that you offer.

3. Only list and offer a pub that you are permitted to offer.
Only list the pub that you are permitted to offer and have the authority to do so for. If you are subletting a space and are not permitted to then further offer it, do not offer it on Whichost without consent by the owner to do so. If it is discovered that you are offering a pub on Whichost that you do not have permission to offer, the listing will be immediately removed and your account is subject to be removed from our site.

4. Include booking payments as credit towards the bill of the parties.
Most pubs already do this and Whichost will continue that tradition. All booking payments must be used as credit towards the bill of the parties, and Whichost customers will except that.

Customers must:

1. Comply with all pub rules, policies, and booking agreement.
All customers and those that have booked a pub through Whichost must only use the pub as described by the pub listing owner, and as agreed upon in the booking agreement. Pubs take pride in their space, the amenities, and their business and will be expecting the same professional respect and courtesy that they are providing.

2. Never engage in illegal or prohibited activity on pub premises.
All local laws are enforceable and pub owners can notify authorities if laws are being broken on their property or on their pub premises. Never engage in any illegal activity on pub property or premises.

Everyone must:

1. Communicate honestly with others.
Whichost is a trusted marketplace and depends on the honesty, integrity, and best interest of everyone that uses the platform. Only message others with the best intent in mind, do not make false claims, misrepresentations, do not engage in fraudulent activity, and do not willingly be deceitful.

2. Transact honestly and with the intended use of Whichost.
Whichost is intended to be a marketplace for customers to book pubs and pubs to offer their spaces. Any transactions that are not intended for this purpose, are misrepresented, have fraudulent intent, or otherwise deemed harmful to either user will be immediately reviewed and if fraudulent, legal action will be taken by Whichost if deemed necessary. All users and transactions are also applicable to the Terms of Service that is agreed upon by using the platform.

3. Respect others privacy and information.
Many pubs are owned and operated by respected professionals. Some pubs may also have well-known customers present at the pub during your booking. It is professional and common courtesy to respect the privacy of the pubs, others on the premise, and the information of both the pubs and professionals that may be offering pub services. In some cases, pubs may require customers to sign a agreement at the pub prior to their booking. If there is ever an issue with privacy, pub security, or pub rules, please send us an email immediately at support@whichost.com.

Whichost Fees

Updated 9th of february, 2019

Pay as you go! No hidden fees and no need for subscriptions!

This is an overview of fees on Whichost for accepting a booking request, and also booking fees by customers. These fees are also referenced in the Terms of Service (Service Agreement) and are accepted fees by using this platform.

If you have questions at any time regarding fees, please email us at support@whichost.com.

Pubs Fees:

Whichost is not a venture-backed startup. We’re proud to say that we are a self-funded company, which relies on the support of its marketplace members.

Whichost charges according to the size of the party and it also considers if the listing is being managed by the pub or by Whichost:

1. For listings managed by THE PUB

In the case of listings managed by the pub, we have two price tables. One for parties from Thursdays to Sundays, and another one for parties between Mondays to Wednesdays. Why? Because we understand that parties from Mondays to Wednesdays have a much higher value for pubs and their bottom-line.

Parties from Thursdays to Sundays

Up to 30 people: €35.00

31 to 50 people: €90.00

51 to 100 people: €170.00

101 to 200 people: €330.00

201 and more people: €480.00

Parties from Mondays to Wednesdays

Up to 30 people: €40.00

31 to 50 people: €100.00

51 to 100 people: €190.00

101 to 200 people: €380.00

201 and more people: €550.00

2. For listings managed by Whichost

In the case of listings managed by Whichost, that means that we are the middle-man. Not only we are doing the job of being the point of contact between the pub and their customers, but we are also managing the listing in itself. The price per party is higher and we do not take into consideration the day of the week.

Parties from Mondays to Sundays

Up to 30 people: €40.00

31 to 50 people: €100.00

51 to 100 people: €190.00

101 to 200 people: €380.00

201 and more people: €550.00

 

As soon as the pub confirms the party, we will issue the invoice. All invoices must be paid within 7 business days.

If the invoice is not paid within 30 days of the issuing date, the pub’s account and listings will be suspended. If the pub regularly delays the payment of its invoices, Whichost may suspend their account and listings.

Users Fees:

Whichost charges a 10% fee on top of the value of the booking. This fee is paid at the same moment that the user is requesting the booking.

For example: let’s say a pub’s listing is priced at €9.00 to book it for one night. As soon as the user requests a booking, they will pay €9.90, which is the original €9.00 of the listing plus the 10% of it, which is €0.90. No charge is made to the user’s credit card until the pub accepts the booking request.

If the pub rejects the booking request or does not act on it within 3 days, the request is automatically cancelled and the user’s funds are immediately returned to their card.

Other Fees:

Overtime fees

In the event that a booking exceeds the timeframe of the original booking agreement, the pub is responsible for collecting additional payment for the pub usage, pub services, or other additional fees agreed upon. Since this is outside the booking agreement on the Whichost platform, Whichost is not liable for collecting this payment or any circumstances outside the original booking agreement.
 

Fines for damage

We try to avoid all events of damage, but in the rare event that damage to the pub property, amenities, or other takes place during the time period of the booking agreement, the customer (user booking) is directly responsible for these fees. As defined in the Services Agreement, the customer is liable for this damage and Whichost may collect this if required. It is encouraged for both the pub and customer to work through this directly since it is usually best to keep it between both parties. Pubs are also encouraged and in some instances required to have their own insurance policies per our Service Agreement for this very reason. If you need to report damage to your pub, amenities, or other at any time, please take the proper action to first contact any local authorities if necessary, your insurance provider, and also notify us immediately at support@whichost.com.