Policy Overview

1. These terms and conditions govern Everywhere Venues’ policy for Visitor refunds (“Visitor Refund Policy”) and the obligations of the Venue Manager associated with the Visitor Refund Policy. The Visitor Refund Policy applies in addition to Everywhere Venues’s Terms of Service.

The Visitor Refund Policy is available to Visitors who book and pay for an venue through the Everywhere Venues Platform and suffer a Venue Issue (as defined below). The Visitor’s rights under this Visitor Refund Policy will supersede the Venue Manager’s cancellation policy.

All capitalised terms shall have the meaning set forth in the Everywhere Venues Terms of Use or Payments Terms unless otherwise defined in this Visitor Refund Policy.

By using the Everywhere Venues Platform as a Venue Manager or Visitor, you are indicating that you have read and that you understand and agree to be bound by this Visitor Refund Policy.

1   Venue Issue

A “Venue Issue” means any one of the following:

1.1   The Venue Manager

(i) cancels a booking shortly before the scheduled start of the booking, or

(ii) fails to provide the Visitor with the reasonable ability to access the venue (e.g. does not provide the keys and/or a security code).

1.2   The Venue Listing’s description or depiction of the venue is materially inaccurate with respect to:

• (a)   The venue being appropriate for the categories and purposes it has been assigned by the Venue Manager,
• (b)   The size of the venue,
• (c)   Whether the booking is for an entire venue as outlined in the listing, and whether another party, including the Venue Manager, is present at the venue during the booking,
• (d)   Special amenities or features represented in the Listing are not provided or do not function, as expected, or
• (e)   The physical location of the venue (proximity).

1.3   At the start of the Visitor’s booking, the Venue: (i) is not generally clean and sanitary (ii) contains safety or health hazards that would be reasonably expected to adversely affect the Visitor’s attendance at the venue in Everywhere Venues’ judgment.

2   The Visitor Refund Policy

If you are a Visitor and suffer a Venue Issue, we agree, at our discretion, to either:

(a) reimburse you up to the amount paid by you through the Everywhere Venues Platform (“Total Fees”) depending on the nature of the Venue Issue suffered, or

(b) use our reasonable efforts to find and book you another venue for any time left in your booking which is reasonably comparable to the venue described in your original booking in terms of size, features and quality.

All determinations of Everywhere Venues with respect to the Visitor Refund Policy, including without limitation the size of any refund and the comparability of alternate venues, shall be in Everywhere Venues’ discretion, and final and binding on the Visitors and Venue Managers.

3   Conditions to Claim a Venue Issue

To submit a valid claim for a Venue Issue and receive the benefits with respect to your booking, you are required to meet each of the following conditions:

(a) you must be the Visitor that booked the venue;

(b) you must bring the Venue Issue to our attention in writing and provide us with information (including photographs or other evidence) about the venue and the circumstances of the Venue Issue within 24 hours after the later of (i) the start of your booking or (ii) you discover the existence of the Venue Issue , and must respond to any requests by us for additional information or cooperation on the Venue Issue;

(c) you must not have directly or indirectly caused the Venue Issue (through your action, omission or negligence); and

(d) unless Everywhere Venues advises you that the Venue Issue cannot be remediated, you must have used reasonable efforts to try to remedy the circumstances of the Venue Issue with the Venue Manager prior to making a claim for a Venue Issue.

4   Venue Manager Responsibilities

4.1   If you are a Venue Manager, you are responsible for ensuring that the venues you list on the Everywhere Venues Platform meet minimum standards regarding quality, access, adequacy of the Listing description, safety, cleanliness, and do not present a Visitor with Venue Issues. During a Visitor’s stay at a venue, Venue Managers should be available, or make a third-party available, in order to try, in good faith, to resolve any Visitor issues.

4.2   If you are a Venue Manager, and if (i) Everywhere Venues determines that a Visitor has suffered a Venue Issue related to an venue listed by you and (ii) Everywhere Venues either reimburses that Visitor (up to their Total Fees) or provides an alternative venue to the Visitor, you agree to reimburse Everywhere Venues up to the amount paid by Everywhere Venues within 30 days of Everywhere Venues’ request. If the Visitor is relocated to an alternative venue, you also agree to reimburse Everywhere Venues for reasonable additional costs incurred to relocate the Visitor. You authorise Everywhere Venues to collect any amounts owed to Everywhere Venues by reducing your Payout or as otherwise permitted according to the Payments Terms.

4.3   As a Venue Manager, you understand that the rights of Visitors under this Visitor Refund Policy will supersede your selected cancellation policy. If you dispute the Venue Issue, you may email us and provide us with information (including photographs or other evidence) disputing the claims regarding the Venue Issue, provided you must have used reasonable and good faith efforts to try to remedy the Venue Issue with the Visitor prior to disputing the Venue Issue claim.

5   General Provisions

5.1   No Assignment/No Insurance. This Visitor Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Visitor, and the Visitor has not paid any premium in respect of the Visitor Refund Policy. The benefits provided under this Visitor Refund Policy are not assignable or transferable.

5.2   Changes or Termination. Everywhere Venues reserves the right to change or end this Visitor Refund Policy, at any time, in its sole discretion. If Everywhere Venues changes this Visitor Refund Policy, we will post the change on the Everywhere Venues Platform or provide you with notice of the change and Everywhere Venues will continue to process all claims for Venue Issues made prior to the effective date of the change.

5.3   Entire Agreement. This Visitor Refund Policy constitutes the entire and exclusive understanding and agreement between Everywhere Venues and you regarding the Visitor Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between Everywhere Venues and you regarding the Visitor Refund Policy.

6   Contacting Everywhere Venues.

If you have any questions about the Visitor Refund Policy, please email us.