Terms & Conditions

Last Updated: October 29, 2018

Hosts may benefit from the Wavstay Host Guarantee program (the “Wavstay Host Guarantee”), which is subject to these terms and conditions (the “Host Guarantee Terms”). The Host Guarantee Terms apply in addition to Wavstay’s Terms of Service (“Wavstay Terms”) and the Payments Terms of Service (“Payments Terms’).

All capitalized terms shall have the meaning set forth in the Wavstay Terms or Payments Terms, unless otherwise defined in these Host Guarantee Terms. If you agree to these Host Guarantee Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Host Guarantee Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Except as permitted by law, these Host Guarantee Terms do not affect your statutory rights. If you would like a written copy of the Host Guarantee Terms, please email us.

I. The Wavstay Host Guarantee

Wavstay agrees to pay you, as a Host, to repair or replace your Covered Property (as defined below) damaged or destroyed as a result of a Covered Loss (as defined below), subject to the limitations, exclusions and conditions in the Host Guarantee Terms.

You must comply with all of the requirements and conditions in these Host Guarantee Terms in order to be eligible to receive any payments for Covered Losses. Your failure to fully comply will prevent your recovery for any Covered losses. Please carefully review the definitions of “Covered Accommodation/’ “Covered Losses,” “Covered Property” and “Excluded Property” below so that you may identify and protect property not covered by the Wavstay Host Guarantee.

You acknowledge and agree to use your best efforts to communicate with the Responsible Guest (as defined below) as soon as possible after you discover any physical loss or damage to your Covered Property. You must notify Wavstay as well as the Responsible Guest about your complaint and attempt to resolve the loss or damage with the Responsible Guest within the earlier of (i) fourteen (14) days of the check-out date, or (ii) before your next guest checks in. You may fulfill this obligation by submitting a claim via the Wavstay Resolution Center.

You acknowledge and agree that any amount of Covered Losses payable to you under the Wavstay Host Guarantee will be reduced by the amounts you have already collected for the same Covered Losses from a source other than the Wavstay Host Guarantee, including without limitation: (i) amounts received under an insurance policy, guarantee or indemnity; (ii) a security deposit; or (iii) payment directly by the Responsible Guest or an Invitee (defined below), or other party or an insurer or guarantor of such party.

II. Key Defined Terms

The following capitalized terms shall have the following meanings:

“Actual Cash Value” means the amount it would cost to repair or replace damaged or destroyed Covered Property as a result of a Covered Loss, measured on the date of occurrence of such Covered Loss, with material of like kind and quality, with proper deduction for obsolescence and physical depreciation.

“Wavstay Host Guarantee Payment Request Form” means Wavstay’s standard form as amended from time to time, accessible through the Resolution Center or by contacting customer service directly, that a Host uses to request payment from Wavstay pursuant to these Wavstay Host Guarantee Terms.

“Booking Income Loss” is the loss of booking income from the booked portion of a Covered Accommodation (according to bona fide Wavstay confirmed bookings, contracts or agreements in force prior to the established time of loss) by you, as a Host, resulting from a Covered Loss. Booking Income Loss does not include non-continuing charges and expenses or any loss of booking income during any period in which the Covered Accommodation would not have been tenantable for any reason other than a Covered Loss. The Booking Income Loss will be measured starting from the time of occurrence of the Covered Loss and ending when the Covered Accommodation can be made ready for habitation under the same or equivalent physical and operating conditions that existed prior to the damage.

“Covered Accommodation” means an Accommodation located in the Territory that can be used as a residence and that is (i) owned or legally controlled by you as a Host during the period of the Responsible Guest’s stay at such Accommodation and (ii) listed by you on the Wavstay Platform and booked by such Responsible Guest in compliance with the Wavstay Terms. A vehicle (including, but not limited to, automobiles, scooters, vespas, and motorcycles) or a watercraft (including, but not limited to, boats, yachts, jet skis and similar craft) booked through the Services constitutes a “Covered Accommodation” only to the extent it is stationary and used solely for lodging purposes.

“Covered Losses” means and is limited to direct physical loss or physical damage to a Host’s Covered Property caused by the Responsible Guest or an Invitee of the Responsible Guest during an Wavstay stay. Covered Losses do not include any losses or damage described under Excluded Losses below.

“Covered Property” means and is limited to the following property located at a Covered Accommodation, or within 1,000 feet thereof, to the extent of your interest in such property, unless such property constitutes Excluded Property (as defined below):

  • A. Real property, including new buildings and additions under construction located at the site of such Covered Accommodation, in which you have an insurable interest.
  • B. Personal property that is:

1. owned by you, including your interest as a tenant in improvements

and betterments.

  1. not owned by you, but is in your custody and for which you are under obligation to keep the personal property insured for physical loss or damage.
  2. not owned by you, but is in your custody and for which you have legal liability for physical loss or damage to the property.

“Excluded Losses” has the meaning set forth in Section III below.

“Excluded Property” means any of the following:

  1. Currency, money, precious metal in bullion form, notes or securities.
  2. Land, water or any other substance in or on land; except this exclusion does not apply to (i) land improvements consisting of landscape gardening, roadways and pavements, but not including any fill or land beneath such property, or (ii) water that is contained within any enclosed tank, piping system or any other processing equipment.
  3. Animals, including, but not limited to, livestock and pets.
  4. Standing timber; growing crops.
  5. Watercraft (including, but not limited to, boats, yachts, jet skis, and similar craft), aircraft, spacecraft, and satellites. This watercraft exclusion does not apply with respect to any watercraft which is a Covered Accommodation. However, this exclusion does apply to vessels that, at the time of the loss, are in transit, or are moving greater than 10 feet from their usual fixed location and moving faster than one mile per hour.
  6. Vehicles (including, but not limited to, automobiles, scooters, vespas, and motorcycles). This exclusion does not apply with respect to any vehicle that is a Covered Accommodation. However, this exclusion does apply to vehicles that, at the time of the loss, are in transit, or are moving greater than 10 feet from their usual fixed location and moving faster than one mile per hour.
  7. Underground mines or mine shafts or any property within such mine or shaft.
  8. Dams, dikes and levees.
  9. Property in transit, except as otherwise provided by these Wavstay Host Guarantee Terms.
  1. Transmission and distribution lines beyond 1,000 feet of the Covered Accommodation.
  2. Any damage to any property that is not in, at, or on a Covered Accommodation.
  3. Real property owned by a party other than you and that you do not control.

“Fine Arts” means paintings; etchings; printed photos; pictures; tapestries; rare or art glass; art glass windows, valuable rugs; statuary; sculptures;

antique furniture; antique jewelry; bric-a-brac; porcelains; and similar property of rarity, historical value, or artistic merit. “Fine Arts” does not include automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, watercraft, aircraft, money, or securities.

“Invitee” means a person invited to be present at a Covered Accommodation by a Responsible Guest.

“Limit” means one million US dollars (US $1,000,000), or its equivalent in the currency where the Covered Accommodation is located at the exchange rate applicable on the date of payment by Wavstay under these Wavstay Host Guarantee Terms.

“Ordinary Wear and Tear” means the deterioration in condition of property that occurs under normal use and conditions.

“Responsible Guest” means the Guest who booked your Covered Accommodation for the period during which you incurred the Covered Losses.

“Territory” means the countries where the Wavstay allows Accommodation and the Host Guarantee is available. Any Territory where the Host Guarantee is not available will be disclosed on the Host Guarantee landing page.

III. Limitations and Exclusions

The Wavstay Host Guarantee pays Covered Losses only and does not pay for any of the following (“Excluded Losses”):

  1. any losses caused by a Guest or Invitee after the expiration of the booking period shown in the applicable Listing.
  2. losses or damages for Covered Property, which arise out of any one booking of a Covered Accommodation by a Responsible Guest, in excess of the Limit.
  3. in the case of Fine Arts, losses or damages if the Fine Arts cannot be replaced with other of like kind and quality and any loss or damage from any repairing, restoration or retouching process.
  4. any losses, damages, cost or expense of whatsoever nature, directly or indirectly, caused by, relating to or resulting from any of the following:

i. Excluded Property;

ii. acts of nature, including, but not limited to, earthquakes and

weather related events such as hurricanes and tornadoes;

iii. excessive use of electricity, gas, fuel, water or other utilities

provided for the Covered Accommodation;

iv. indirect or remote causes;

v. interruption of business, loss of market and/or loss of use, except that the Wavstay Host Guarantee does cover Booking Income Loss;

vi. loss, damage, or deterioration arising from any delay;

vii. mysterious disappearance, loss, or shortage disclosed on taking

inventory, or any unexplained loss of inventory; viii. enforcement of any law or ordinance (i) regulating the

construction, repair, replacement, use or removal of any property, including removal of debris, or (ii) requiring the demolition of any property, including the cost of removing its’ debris;

ix. animals, including injuries to animals, veterinary care, boarding, medications, and all other services associated with animals; or

x. identity theft or identity fraud.

5. any losses, damages, cost or expense of whatsoever nature, directly or
indirectly, caused by or resulting from any of the following, regardless
of any other cause or event contributing thereto:

i. any hostile act or act of war, terrorism, insurrection or rebellion; ii. actual or threatened malicious use of poisonous biological or chemical materials; iii. nuclear reaction or radiation or radioactive contamination; iv. seizure or destruction under quarantine or custom regulation, or confiscation by order of any governmental or public authority; v. contraband, or illegal transportation or trade; vi. any dishonest act, including but not limited to theft, committed by you or any persons or entities retained by you to do anything in connection with Covered Property, unless such persons or entities are a Responsible Guest or Invitee and such act is done without

your knowledge; or vii. lack of electricity, fuel, water, gas, steam, refrigerant, sewerage, telephone or internet services due to external factors.

6. the following conditions:

i. faulty workmanship, material, construction or design from any

cause; ii. deterioration, depletion, rust, corrosion or erosion, inherent vice or latent defect; iii. Ordinary Wear and Tear; iv. settling, cracking, shrinking, bulging, or expansion of foundations, floors, pavements, walls, ceilings or roofs; v. changes of temperature or relative humidity; or vi. damage caused by insects, animals or vermin (including pets); provided, that any physical damage resulting from any of the conditions listed above will be covered by the Wavstay Host Guarantee if not otherwise excluded under the Wavstay Host Guarantee.

7. any losses, damages, claims, costs, expenses or other sums directly or
indirectly arising out of or relating to mold, mildew, fungus, spores or

other microorganism of any type, nature, or description, including but not limited to any substance whose presence poses an actual or potential threat to human health. This exclusion applies even if there is (i) any physical loss or damage to Covered Property; (ii) any peril or cause covered hereunder, whether or not contributing concurrently or in any sequence; (iii) any loss of use, occupancy, or functionality; or (iv) any action required, including but not limited to, repair, replacement, removal, cleanup, abatement, disposal, relocation, or steps taken to address medical or legal concerns.

  1. any fees that may be charged to a Guest by a Host for additional individuals invited to, or otherwise provided access to, the Covered Accommodation who are not included in the Guest’s booking of such Covered Accommodation.
  2. Costs arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate, any and all Electronic Data will not be paid. “Electronic Data” means information, facts or programs, stored as or on, created or used on, or transmitted to or from any Electronic Media. “Electronic Media” means computer software, including systems and applications software, hard or floppy disks, CDROMS, tapes, drives, cells, data processing devices or any other media which are used with, electronically controlled equipment.

IV. Conditions to the Wavstay Host Guarantee

In order to be eligible to obtain payment under these Host Guarantee Terms, you must fully comply with each of the following conditions. Your failure to fully comply will prevent your recovery of any Covered Losses. In all cases, the onus will be upon you to demonstrate that you have complied with the following conditions.

You must have incurred Covered Losses.

You must have used reasonable efforts in connection with the stay of the Responsible Guest at such Covered Accommodation to comply with Wavstay’s safety guidelines as described at https://www.Wavstay.com /standards.

You must inspect the applicable Covered Accommodation to determine whether there are any physical losses or damages to any Covered Property and notify Wavstay of such losses or damages within the earlier of (i) fourteen (14) days following the date of termination of the Responsible Guest’s booking of the applicable Covered Accommodation or (ii) the date by which the next subsequent booking of the same Covered Accommodation begins. You can notify Wavstay either by opening a claim in the Resolution Center or by contacting customer support directly.

For all Covered Property which is damaged or destroyed due to a violation of law or criminal act or misdemeanor and for which you are filing a Wavstay Host Guarantee Payment Request Form, you must file a police report listing such Covered Property and provide Wavstay with a copy of such report, certified by you as true and correct.

You must provide Wavstay with proof of ownership of, or legal responsibility for, the Covered Property in the form of receipts, photographs, videos, documents or other customary forms of proof (including, but not limited to, appraisal or valuation forms or notices addressed to you) certified by you as true and correct and reasonably acceptable to Wavstay.

Within thirty (30) days after you have incurred a Covered loss, you must (i) complete and file a Wavstay Host Guarantee Payment Request Form and (ii) deliver a signed and sworn proof of loss to us, unless we provide a written extension of such deadline. The proof of loss must state your knowledge and belief as to the following:

  • The time, cause and origin of the Covered Loss, and evidence and proof of such loss in the form of receipts, photographs, videos, documents and other verifiable forms of proof.
  • The ownership, leasehold or other interest of you and all other parties in the Covered Property for which Covered Loss is claimed.
  • The Actual Cash Value and replacement value of each item of the Covered Property, as well as the amount of such loss or damage to each item of such Covered Property.
  • All liens, encumbrances, mortgages, guarantees and all other contracts of insurance, whether valid or not, covering the Covered Property that is the subject of the Covered Loss.
  • Any changes in the title, use, occupation, location, possession, or exposures of the Covered Accommodation since the date of the Listing.
  • The identity of and other information known about the Responsible Guest, any Invitee and any other party present at or using the Covered Accommodation where the Covered Property is located for which the Covered Loss is claimed on the date of the Covered Loss, and the purpose for which such Covered Accommodation was being used by such parties on such date and whether or not it then stood on leased ground.
  • The date when you contacted the Responsible Guest to request payment for the loss you are claiming, and the date on which the Responsible Guest declined or failed to pay for the loss.

As part of the signed and sworn proof of loss described above, you must provide Wavstay with all information it reasonably requests in order to determine the Actual Cash Value with respect to Covered Property,

including: the original purchase price of such Covered Property, the date such Covered Property was acquired, the condition of such Covered Property and the estimated cost of repair or replacement of such Covered Property.

You must (i) protect and preserve damaged Covered Property from further loss or damage and (ii) promptly separate the damaged and undamaged Covered Property, put it in the best possible order, and furnish a complete inventory of the lost, destroyed, damaged and undamaged property showing in detail the quantities, costs, Actual Cash Value, and amount of loss claimed.

You must, as often as may be reasonably requested by Wavstay or its designees (i) exhibit all that remains of any damaged Covered Property and sign the written records of examination; (ii) produce for examination all books of accounts, business records, bills, invoices, and vouchers (either originals or certified copies if originals are lost) and (iii) permit extracts and machine copies to be made of the above.

You must permit Wavstay or its designee(s) to make inspections of Covered Property at all reasonable times. However, the right to make inspections, the making of inspections, and any analysis, advice, or inspection report will not constitute an undertaking by Wavstay or Wavstay’s insurer to determine or warrant that damaged Covered Property is safe or healthful. We will have no liability to you or any other person because of any inspection or failure to inspect.

You must cooperate with Wavstay, including signing any documents, and timely responding to any reasonable requests for additional information or documentation that Wavstay or its designees may require or request to process the applicable Wavstay Host Guarantee Payment Request Form.

With respect to Covered Property subject to a loan, mortgage or other security interest, you must notify your lender/mortgagee in writing of any loss that reaches or exceeds fifty thousand US dollars (US $50,000), and provide Wavstay with a copy of such notice. If the lender/mortgagee notifies you that the lender/mortgagee seeks insurance and/or reimbursement proceeds for the loss, you must notify Wavstay in writing of the lender/mortgagee’s request and transmit a written copy of said request to Wavstay, and provide all other information to enable Wavstay to communicate directly with the lender. If such loss is determined to be a Covered Loss, we will pay the loss benefit(s) to the lender up to the value of the mortgage (subject to the exclusions, limitations and conditions herein), and we will not pay you unless and until your monetary obligation to the lender/mortgagee has been satisfied. This condition shall apply to the extent of applicable law in your jurisdiction.

You will have full rights to the possession and control of damaged Covered Property if proper testing is done to show which property is physically damaged. You, using reasonable judgment, will decide if the physically damaged Covered Property can be reprocessed or sold. If you determine that the Covered Property is unfit for reprocessing or sale, the property will not be sold or disposed of except by you or with your consent. Proceeds from the sale or other disposition of such Covered Property will go to (i) Wavstay’s insurer at the time of the Covered Loss settlement, or (ii) you if such sale or disposition proceeds are received prior to Covered Loss settlement and such proceeds will reduce the amount of the Covered Loss payable to you.

V. Disposition of Host Payment Requests

Wavstay Host Guarantee Payment Request Form

Wavstay will complete its processing of any Wavstay Host Guarantee Payment Request Form that you file within a reasonable period following the date you have (a) completed and filed an Wavstay Host Guarantee Payment Request Form, and (b) provided Wavstay with all information and materials that you are required to provide to comply with the conditions set forth in “Conditions to the Wavstay Host Guarantee” above. In any event, we will use commercially reasonable efforts to complete processing of your Wavstay Host Guarantee Payment Request Form within three (3) months after our receipt of such documents and information. If you receive an Approved Payment Request (as defined below), then as a condition to payment to you under the Wavstay Host Guarantee, you will be required to execute and deliver to Wavstay the “Wavstay Host Guarantee Approved Payment Request Agreement” which includes your agreement:

  1. to assign to Wavstay or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an Approved Payment Request (defined below) from the Responsible Guest or from an Invitee or from any other party that is financially responsible for the Approved Payment Request;
  2. to reasonably cooperate with us, including, at our request, appearing as a witness in any court, arbitration or like proceeding, if we seek to recover the amount paid to you with respect to an Approved Payment Request from the Responsible Guest or from an Invitee or from any other party;
  3. to release and hold harmless Wavstay and its insurer and all officers, directors, employees, contractors and agents of Wavstay from any further liability or obligations with respect to the facts and circumstances of the matters and incident set forth in the Wavstay Host Guarantee Payment Request Form;

4.if requested, to treat as “confidential information” the amount of any payment made under the Wavstay Host Guarantee; and

 

  • to refund to us any amounts in excess of the Covered Loss in the Approved Payment Request as a result of a systems or payment processing error.

 

The duration of the processing period of any Wavstay Host Guarantee Payment Request Form that you file will depend on factors that include, but are not limited to: (i) the amount of payment that you are requesting for the Covered Loss; (ii) the location of the Covered Accommodation; (iii) the nature of the Covered Property and the nature of the Covered Losses; (iv) the completeness and type of documentation and information that you provide Wavstay regarding the Covered Losses; and (v) the number of Wavstay Host Guarantee Payment Request Forms that are currently being processed for other Hosts.

Approved Payment Request

If you have filed a Wavstay Host Guarantee Payment Request Form and such a payment request is approved in whole or in part for a Covered Loss (any such approved payment request, an “Approved Payment Request”), you will be paid the amount of the Covered Loss as calculated by Wavstay or its designees. The process for such calculation of Covered Losses is described under “Determination of the Amount of the Covered Loss” below. You will be notified by Wavstay and, as a condition of payment hereunder, you will be required to deliver to Wavstay an executed Approved Payment Request Agreement. Wavstay may use third party service providers to assist in the processing of the Wavstay Host Guarantee Payment Request Forms and Wavstay or its designees may use third party service providers to assist in the investigation and adjustment of payment requests relating thereto.

For an Approved Payment Request that involves Covered Losses for Covered Property that is owned by a party other than you, we reserve the right, in our sole discretion, to pay all or a portion of the amount covered in such Approved Payment Request either to you or directly to the owner of such Covered Property. If an Wavstay Host Guarantee payment for all or a portion of such amount is made directly to the owner of such Covered Property, then you agree that such payment will be treated for purpose of the Approved Payment Request as being paid to you directly, and that you will be solely responsible for collecting from the owner of such Covered Property any portion of such payment to which you believe you are legally entitled. For clarity, your indemnification obligations set forth below under the paragraph entitled “Indemnification” will apply to claims arising from any payments made pursuant to the Wavstay Host Guarantee, including without limitation any payments made directly to the owner of any

Covered Property.

Determination of the Amount of the Covered Loss

The amount of Covered Losses will be computed as of the date of loss, at the location of the loss, and for not more than your interest, subject to the following:

  1. On exposed films, records, manuscripts, drawings, and Electronic Media, the value blank plus the cost of copying information from backup or from originals of a previous generation. Costs of research, engineering, or restoring or recreating lost information or Electronic Data will not be paid.
  2. On Fine Arts articles, the lesser of (i) the reasonable and necessary cost to repair or restore such property to the physical condition that existed on the date of loss; (ii) the cost to replace the article; and (iii) the current appraised value. If the Fine Arts article is part of a pair or set, you will not be paid (1) for the cost of replacing any undamaged or remaining items that form part of such pair or set, (2) more than the proportion that the loss or damaged item bears to the insured value of such pair or set, or (3) the cost of replacing or repairing any undamaged parts of the Fine Arts articles which form part of a pair, set or suite or part of a common design or function when the loss or damage is restricted to a clearly identifiable area or to a specific part.
  3. For all Covered Property (other than that described in paragraphs 1 and 2 above), the loss amount will be the lesser of (i) the Actual Cash Value (assuming such property is not repaired, replaced, or rebuilt on the same or another site within two years from the date of loss); (ii) the cost to repair such damaged Covered Property; (iii) the cost to rebuild or replace such Covered Property on the same site with new materials of like size, kind, and quality; (iv) the cost to rebuild, repair, or replace on the same or another site, but not to exceed the size and operating capacity that existed on the date of the Covered Loss; or (v) the cost to replace unrepairable electrical or mechanical equipment, including computer equipment and Electronic Media, with equipment that is the most functionally equivalent to that damaged or destroyed, even if such equipment has technological advantages and/or represents an improvement in function and/or forms part of a program of system enhancement.
  4. Any amount of any Covered Losses payable under the Wavstay Host Guarantee will be reduced by the amount already paid to you or for your benefit by a Responsible Guest, Invitee or other source (such as an insurer or other responsible party) for the same Covered Loss.
  5. Covered Losses will be paid in the currency of the United States of America unless, in Wavstay’s sole discretion, Wavstay elects to pay losses

in a different currency. If currency conversions are required, we use a system-wide rate, known as the base exchange rate, for currency conversion using data from one or more third parties, such as OANDA (www.oanda.com).

The Wavstay Host Guarantee is not an insurance policy. To the extent you desire protection beyond the Wavstay Host Guarantee, Wavstay strongly encourages you to purchase insurance that will cover you and your property for losses caused by Guests or Guests’ invitees in the event your loss is not within the terms of the Wavstay Host Guarantee.

VI. Acknowledgments and Agreements by the Host

You acknowledge and agree that:

  • The Wavstay Host Guarantee is a guarantee of obligations of a Responsible Guest to you and is dependent upon you pursuing any rights and remedies you may have to recover amounts paid by Wavstay to you with respect to an Approved Payment Request from the Responsible Guest or from an Invitee or from any other party that is financially responsible for the Approved Payment Request.
  • Wavstay provides Hosts with the Wavstay Host Guarantee benefits described herein solely for the purpose of promoting use of the Wavstay Platform by building customer loyalty and strengthening customer confidence as to use of the Wavstay Platform.
  • These Host Guarantee Terms are not intended to constitute an offer to insure, do not constitute insurance or an insurance contract, and do not take the place of insurance obtained or obtainable by you. Furthermore, these Host Guarantee Terms are not an insurance service agreement as defined in a standard ISO renter’s or homeowner’s insurance policy.
  • The benefits provided under these Host Guarantee Terms are solely as set forth in the paragraph entitled “Wavstay Host Guarantee” above and such benefits are not assignable or transferable by you, including without limitation any transfer or assignment by operation of law or in connection with your divorce or death.
  • Wavstay and/or its insurer reserve the right to independently investigate (or to have independently investigated) at our sole discretion and expense, the facts and circumstances of a payment request set forth in any Wavstay Host Guarantee Payment Request Form that you file with Wavstay, notwithstanding your delivery of all information and materials that you are required to provide Wavstay in order to comply with the conditions set forth in the paragraph entitled “Conditions to the Wavstay Host Guarantee.”

You acknowledge and agree that if you make a claim under this Host Guarantee, you give Wavstay consent to review all communications between you and the allegedly Responsible Guest via the Wavstay Platform.

Wavstay reserves the right, at any time, to offset or deduct from the amounts payable or paid by Wavstay to you under these Host Guarantee Terms, any amounts that it may have in its possession, or to subsequently collect, from any other person or entity who is obligated to compensate you for losses or damages.

Because these Host Guarantee Terms constitute a guarantee agreement, the theory of exoneration applies. Thus, if the Covered Property in question or the risk associated with that Covered Property changes materially, Wavstay will be entitled to exoneration with respect to any potential guaranty obligation under these Host Guarantee Terms.

VII. Modification or Termination of Wavstay Host Guarantee Terms

To the extent permissible by applicable law in your jurisdiction, Wavstay reserves the right to modify or terminate these Host Guarantee Terms, at any time, in its sole discretion.

If Wavstay terminates these Host Guarantee Terms, Wavstay will provide you with notice by email at least thirty (30) days before such termination and Wavstay will continue to process all Wavstay Host Guarantee Payment Request Forms that you filed prior to the effective date of termination, but your right to file any new Wavstay Host Guarantee Payment Request Forms will immediately terminate.

If Wavstay modifies these Host Guarantee Terms, we will post the modification on the Wavstay Platform at https://www.Wavstay.com /guarantee. Wavstay will continue to process all Wavstay Host Guarantee Payment Request Forms that you filed prior to the effective date of the modification.

In addition to and without limiting Wavstay’s rights set forth above in the immediately preceding paragraph, Wavstay reserves the right to modify or terminate these Host Guarantee Terms generally or in any jurisdiction, at any time, in its sole discretion, if: (i) these Host Guarantee Terms are construed to be an offer to insure or constitute insurance or an insurance contract or insurance service agreement by any governmental or regulatory authority in any jurisdiction; (ii) Wavstay is required to obtain a license or permit of any kind to continue to provide these Host Guarantee Terms in any jurisdiction; or (iii) Wavstay determines or a court or arbitrator holds that the provisions of these Host Guarantee Terms violate applicable

law. If Wavstay modifies or terminates these Host Guarantee Terms in accordance with the foregoing, Wavstay will process all Wavstay Host Guarantee Payment Request Forms that you file prior to or as of the effective date of such modification or termination unless such processing is prohibited by law, regulation, ordinance, order, or decree of any governmental or other authority.

VIII. Subrogation

Wavstay and/or Wavstay’s insurer have the right to subrogate against any person or entity whatsoever who allegedly is responsible for causing the losses or damages in question, even if that person or entity is you. Further, you hereby agree that, with respect to any payments made under the Wavstay Host Guarantee by, or on behalf of, Wavstay, you will assist in and cooperate fully with Wavstay regarding any and all efforts at subrogation.

IX. Disclaimers and Limitations of Liability

If you choose to use the Wavstay Platform as a Host, you do so at your sole risk. The Wavstay Host Guarantee is provided “as is”, without warranty of any kind, either express or implied.

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 Wavstay Platform, and your listing of any Accommodations via the Wavstay Platform remains with you. Neither Wavstay nor any other party involved in creating, producing, or delivering the Wavstay Platform 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 for any damages for (1) personal or bodily injury or emotional distress arising out of or in connection with these Host Guarantee terms, (2) from the use of or inability to use the Wavstay Platform, (3) from any communications, interactions or meetings with other users of the Wavstay Platform or other persons with whom you communicate or interact as a result of your use of the Wavstay Platform, or (4) from your listing of any Accommodation via the Wavstay Platform. Wavstay will not be liable for any such damages described above, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Wavstay 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 Wavstay’s obligation to pay amounts to you pursuant to an Approved Payment Request under these Host Guarantee Terms, in no event will Wavstay’s aggregate liability arising out of or in connection

with (a) these Host Guarantee Terms; (b) your use of or inability to use the Wavstay Platform including, but not limited to, posting a Listing, (c) any Accommodation and (d) your interactions with any other Members, exceed the amounts paid by Wavstay to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars ($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 Wavstay and you. Some jurisdictions do not allow the exclusion for certain limitations of liability, so the above limitations may not apply to you. If you reside outside of the U.S., this does not affect Wavstay’s 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.

If you reside in the EU, Wavstay 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. Wavstay is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors or other vicarious agents. Essential contractual obligations are such duties of Wavstay in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of Wavstay is excluded.

X. Dispute Resolution and Arbitration Agreement

  1. This Dispute Resolution and Arbitration Agreement shall apply if you (i) reside in the United States; or (ii) do not reside in the United States, but bring any claim against Wavstay in the United States (to the extent not in conflict with Section 21 of the Wavstay Terms).
  2. Overview of Dispute Resolution Process. Wavstay is committed to participating in a consumer-friendly dispute resolution process. To that end, these Host Guarantee Terms provide for a two-part process for individuals to Section X.1 applies: (1) an informal negotiation directly with Wavstay’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section X). Specifically, the process provides:

– Claims can be filed with AAA online (www.adr.org);

– Arbitrators must be neutral and no party may unilaterally select an

arbitrator;

– Arbitrators must disclose any bias, interest in the result of the

arbitration, or relationship with any party;

Parties retain the right to seek relief in small claims court for

certain claims, at their option;

The initial filing fee for the consumer is capped at $200;

– The consumer gets to elect the hearing location and can elect to

participate live, by phone, video conference, or, for claims under

$25,000, by the submission of documents;

– The arbitrator can grant any remedy that the parties could have

received in court to resolve the party’s individual claim.

  1. 3.Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Wavstay each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Wavstay’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
  2. 4.Agreement to Arbitrate. You and Wavstay mutually agree that any dispute, claim or controversy arising out of or relating to these Host Guarantee Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Wavstay Platform, the Host Services, or the Collective Content (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Wavstay agree that the arbitrator will decide that issue.
  3. 5.Exceptions to Arbitration Agreement You and Wavstay each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
  4. 6.Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at

http://www.adr.org/ or by calling the AAA at 1-800-778-7879.

  1. Modification to AAA Rules – Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Wavstay agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in Manatee County; Florida (c) in any other location to which you and Wavstay both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
  2. Modification of AAA Rules – Attorney’s Fees and Costs. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, Wavstay agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA rules, to recover attorneys’ fees and expenses if it prevails in arbitration.
  3. 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 declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
  1. 10.Jury Trial Waiver. You and Wavstay acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
  2. No Class Actions or Representative Proceedings. You and Wavstay acknowledge and agree that 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 proceeding as to all Disputes. Further, unless you and Wavstay both otherwise 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 this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
  3. 12.Severability. Except as provided in Section X.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 shall be given full force and effect.
  4. 13.Changes. Notwithstanding the provisions of Section VII (“Modification or Termination of Wavstay Host Guarantee Terms”), if Wavstay changes this Section X (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Host Guarantee Terms (or accepted any subsequent changes to these Host Guarantee Terms), you may reject any such change by sending us written notice (including by

email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Wavstay’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Wavstay in accordance with the provisions of the “Dispute Resolution” section as of the date you last accepted these Host Guarantee Terms (or accepted any subsequent changes to these Host Guarantee Terms). 14. Survival. Except as provided in Section X.12 and subject to Section 15.8 of the Wavstay Terms, this Section X will survive any termination of these Host Guarantee Terms and will continue to apply even if you stop using the Wavstay Platform or terminate your Wavstay Account.

XI. General Provisions

Indemnification

You agree to release, defend, indemnify, and hold Wavstay 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 the Wavstay Host Guarantee and these Host Guarantee Terms.

If you rent (rather than own) the Accommodation that you list as a Covered Accommodation, the immediately preceding paragraph applies specifically to any dispute between you and the owner of the Accommodation. You are fully responsible for securing the lessor’s permission to list the Accommodation with Wavstay and complying with the scope of any permission granted.

Entire Agreement

These Host Guarantee Terms constitute the entire and exclusive understanding and agreement between Wavstay and you regarding the Wavstay Host Guarantee and these Host Guarantee Terms, and supersede and replace any and all prior oral or written understandings or agreements between Wavstay and you regarding the Wavstay Host Guarantee.

Assignment

You may not assign or transfer these Host Guarantee Terms, by operation of law or otherwise, without Wavstay’s prior written consent. Any attempt by you to assign or transfer these Host Guarantee Terms, without such consent, will be null and of no effect. Wavstay may assign or transfer these Host Guarantee Terms, at its sole discretion, without restriction. Your right

to terminate the Agreement with Wavstay remains unaffected. Subject to the foregoing, these Host Guarantee Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be in writing and given by Wavstay via email, Wavstay Platform notification, or messaging service (including SMS and WeChat). For notices made to Members residing outside of Germany, the date of receipt will be deemed the date on which Wavstay transmits the notice.

Controlling Law and Jurisdiction

These Host Guarantee Terms will be interpreted in accordance with Section 21 of the Wavstay Terms.

Waiver and Severability

The failure of Wavstay to enforce any right or provision of these Host Guarantee Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Wavstay. Except as expressly set forth in these Host Guarantee Terms, the exercise by either party of any of its remedies under these Host Guarantee Terms will be without prejudice to its other remedies under these Host Guarantee Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Host Guarantee Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Host Guarantee Terms will remain in full force and effect.

XII. Contacting Wavstay

If you have any questions about these Wavstay Host Guarantee Terms, please email us.

Please read these Payments Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By using the Payment Services, you agree to comply with and be bound by these Payments Terms of Service.

Please note: Section 22 of these Payments Terms of Service contains an arbitration clause and class action waiver that applies to all Wavstay Members. If your Country of Residence (as defined below) is the United States, this provision applies to all disputes with Wavstay Payments. If your Country of Residence is outside of the United States, this provision applies to any action you bring against Wavstay Payments in the United States. It affects how disputes with Wavstay Payments are resolved. By accepting these Payments Terms of Service, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.

Last Updated: October 29, 2018

These Payments Terms of Service (“Payments Terms”) constitute a legally binding agreement (“Agreement”) between you and Wavstay Payments governing the Payment Services (defined below) conducted through or in connection with the Wavstay Platform.

When these Payments Terms mention “Wavstay Payments,” “we “us,” or “our,” it refers to the Wavstay Payments company you are contracting with for Payment Services, which may be Wavstay Payments, Inc. (“Wavstay Payments US”),

  • If your Country of Residence is the United States, you are contracting with Wavstay Inc.
  • If your Country of Residence is outside of the United States,

you are contracting with Wavstay Inc.

If you change your Country of Residence, the Wavstay company you contract with will generally be determined by your new Country of Residence as specified above, from the date on which your Country of Residence changes. Please note, however, that the Wavstay company with which you contract will stay the same for all bookings made prior to your Change of Residence.

The Wavstay Terms of Service (“Wavstay Terms”) separately govern your use of the Wavstay Platform. All capitalized terms have the meaning set forth in the Wavstay Terms unless otherwise defined in these Payments Terms.

In certain situations, customers may be required to enter into unique payment processing agreements with Wavstay Payments. To the extent that there is a conflict between these Payment Terms and terms and conditions set forth in any relevant payment processing agreement, the latter terms and conditions will take precedence, unless specified otherwise.

Our collection and use of personal information in connection with your access to and use of the Payment Services is described in Wavstay’s Privacy Policy.

Table of Contents

  1. Scope and Use of the Payment Services
  2. Key Definitions
  3. Modification of these Payments Terms
  4. Eligibility, Member Verification
  5. Account Registration
  6. Payment Methods and Payout Methods
  7. Financial Terms for Hosts
  8. Financial Terms for Guests
  9. Appointment of Wavstay Payments as Limited Payment Collection Agent
  10. 10.General Financial Terms
  1. Security Deposits
  2. Currency Conversion
  3. Abandoned Property
  4. Prohibited Activities
  5. Intellectual Property Ownership, Rights Notices
  6. Feedback
  7. Disclaimers
  8. Liability
  9. Indemnification
  10. Termination, Suspension, and other Measures
  11. Applicable Law and Jurisdiction
  12. Dispute Resolution and Arbitration Agreement
  13. General Provisions
  14. Contacting Wavstay Payments

1. Scope and Use of the Payment Services

  1. Wavstay Payments provides payments services to Members, including payment collection services, payments and payouts, in connection with and through the Wavstay Platform (“Payment Services”).
  2. Wavstay Payments may restrict the availability of the Payment Services, or certain services or features thereof, to carry out maintenance measures that ensure the proper or improved functioning of the Payment Services. Wavstay Payments may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time.
  3. The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms and conditions and privacy practices and Members should review them independently. Wavstay Payments is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Wavstay Payments of such Third-Party Services.
  4. You may not use the Payment Services except as authorized by United States law, the laws of the jurisdiction that is your Country of Residence, and any other applicable laws. In particular, but without limitation, the Payment Services may not be used 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 US. 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.

1.5 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 for a specific Payment Service, the latter terms and conditions will take precedence with respect to your use qf or access to that Payment Service, unless specified otherwise.

2. Key Definitions

“Country of Residence” means the jurisdiction associated with your Wavstay Account as determined by Wavstay’s assessment of your residence using various data attributes associated with your Wavstay Account.

“Payout” means a payment initiated by Wavstay Payments to a Member for services (such as Listing Fees or Co-Host Services Fees) performed in connection with the Wavstay Platform.

“Payment Method” means a financial instrument that you have added to your Wavstay Account, such as a credit card, debit card, or PayPal account.

“Payout Method” means a financial instrument that you have added to your Wavstay Account, such as a PayPal account, direct deposit, a prepaid card, or a debit card (where available).

3. Modification of these Payments Terms

Wavstay Payments reserves the right to modify these Payments Terms at any time in accordance with this provision. If we make changes to these Payments Terms, we will post the revised Payments Terms on the Wavstay Platform and update the “Last Updated” date at the top of these Payments Terms. We will also provide you with notice by email of the modification at least thirty (30) days before the date they become effective, however,  If you disagree with the revised Payments Terms, you may terminate this Agreement with immediate effect. We will inform you about your right of refusal and your right to terminate this Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued use of the Payment Services will constitute acceptance of the revised Payments Terms.

4. Eligibility, Member Verification

  1. You must be at least 18 years old and able to enter into legally binding contracts to use the Payment Services. By using the Payment Services you represent and warrant that you are 18 or older.
  2. If you are agreeing to these Payments Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Payments Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
  3. Wavstay Payments may make access to and use of certain areas or features of the Payment Services subject to certain conditions or requirements, such as completing a verification process or meeting specific eligibility criteria.
  4. We may make inquiries we consider necessary to help verify or check your identity or prevent fraud. Towards this end, you authorize Wavstay Payments to screen you against third party databases or other sources and request reports from service providers. In some jurisdictions, we have a legal obligation to collect identity information to comply with anti-money laundering regulations. This may include (i) 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; (ii) requiring you to take steps to confirm ownership of your email address, Payment Methods or Payout Methods; or (iii) attempting to screen your information against third-party databases. Wavstay Payments reserves the right to close, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.

5. Account Registration

  1. In order to use the Payment Services, you must have a Wavstay Account in good standing. If you or Wavstay closes your Wavstay Account for any reason, you will no longer be able to use the Payment Services.
  2. You may authorize a third party to use your Wavstay Account in accordance with the Wavstay Terms. You acknowledge and agree that anyone you authorize to use your Wavstay Account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.

6. Payment Methods and Payout Methods

6.1 When you add a Payment Method or Payout Method to your Wavstay
Account, you will be asked to provide customary billing information such as
name, billing address, and financial instrument information either to Wavstay
Payments or its third-party payment processor(s). You must provide
accurate, current, and complete information when adding a Payment
Method or Payout Method, and it is your obligation to keep your Payment
Method and Payout Method up-to-date at all times. The information
required for Payout Methods will depend on the particular Payout Method
and may include:

• your residential address, name on the account, account type, routing number, account number, email address, payout currency, and account information associated with a particular payment processor.

  1. When you add or use a new Payment Method, Wavstay Payments may verify the Payment Method by authorizing a nominal amount or by authenticating your account via a third-party payment service provider. For further verification, we may also (i) authorize your Payment Method for one or two additional nominal amounts, and ask you to confirm these amounts, or (ii) require you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payout Method. When you add a Payment Method during checkout, we will automatically save that Payment Method to your Wavstay Account so it can be used for a future transaction.
  2. Please note that Payment Methods and Payout Methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing payments and Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and Wavstay Payments is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method or Payout Method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your Payment Method or Payout Method.
  3. You authorize Wavstay Payments to store your Payment Method information and charge your Payment Method as outlined in these Payments Terms. If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of reissuance or otherwise, we may acquire that information from our financial services partner or your bank and update your Payment Method on file in your Wavstay Account.
  4. You are solely responsible for the accuracy and completeness of your Payment Method and Payout Method information. Wavstay Payments is not responsible for any loss suffered by you as a result of incorrect Payment Method or Payout Method information provided by you.

7. Financial Terms for Hosts

7.1 Generally

Generally speaking, Wavstay Payments will collect the Total Fees from a Guest at the time the Guest’s booking request is accepted by the host, or at any other time mutually agreed between the Guest and Wavstay Payments.

7.2. Payouts

  1. In order to receive a Payout you must have a valid Payout Method linked to your Wavstay Account. Wavstay Payments will generally initiate Payouts to your selected Payout Method: (i) for Accommodations within 24 hours of the Guest’s scheduled check-in time (or within 24 hours of 3:00pm local time – or 3:00pm UTC if local time is unknown – if the check-in time is flexible or not specified); (ii) for Experiences and Events within 24 hours of the start of the Experience or Event; and (iii) for all other Host Services at the time specified via the Wavstay Platform. In certain jurisdictions or instances, Wavstay Payments may offer you a different time or trigger for payment. For example, in certain cases, eligible Hosts may be able to receive a Payout for a booking prior to the Guest’s scheduled check-in. Any such alternative Payout option may be subject to additional terms and conditions.
  2. The time it takes to receive Payouts once released by Wavstay Payments may depend upon the Payout Method you select and the Payout Method provider’s processing schedule. Wavstay Payments may delay or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation.
  3. Your Payout for a booking will be the Listing Fee less applicable Host Fees and Taxes.
  4. In the event of a Guest’s cancellation of a confirmed booking, Wavstay Payments will remit a Payout of any portion of the Total Fees due to you under the applicable cancellation policy.
  5. Wavstay Payments will remit your Payouts in your currency of choice, depending upon your selections via the Wavstay Platform and as further set out in Section 12. Amounts may be rounded up or down as described in the Wavstay Terms.

7.2.6 For compliance or operational reasons, Wavstay Payments may limit the value of each individual Payout. If you are due an amount above that limit, Wavstay Payments may initiate a series of Payouts (potentially over multiple days) in order to provide your full payout amount.

8. Financial Terms for Guests

  1. You authorize Wavstay Payments to charge your Payment Method the Total Fees for any booking requested in connection with your Wavstay Account. Wavstay Payments will collect the Total Fees in the manner agreed between you and Wavstay Payments via the Wavstay Platform. Wavstay Payments will generally collect the Total Fees after the Host accepts your booking request. However, if you pay with a push Payment Method (such as Boletos or Sofort), Wavstay Payments will collect the Total Fees at the time of your booking request or after the Host accepts your booking request. Wavstay Payments may offer alternative options for the timing and manner of payment For example, in some cases, Guests may be required to pay or have the option to pay for Host Services in multiple installments. Any additional fees for using offered payment options will be displayed via the Wavstay Platform and included in the Total Fees, 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 Wavstay Payments is unable to collect the Total Fees as scheduled, Wavstay Payments will collect the Total Fees at a later point. Once the payment transaction for your requested booking is successfully completed, you will receive a confirmation email.
  2. When you request to book a Listing, Wavstay Payments may also (i) obtain a pre-authorization via your Payment Method for the Total Fees, (ii) charge or authorize your Payment Method a nominal amount, to verify your Payment Method, or (iii) authenticate your account via a third-party payment service provider to verify your Payment Method.
  3. If a requested booking is cancelled 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 Wavstay 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.
  4. You authorize Wavstay Payments to perform the Payment Method verifications described in Sections 6 and 8, and to charge your Payment Method for any bookings made in connection with your Wavstay Account.

You hereby authorize Wavstay Payments to collect any amounts due by charging the Payment Method provided at checkout, either directly by Wavstay Payments or indirectly, via a third-party online payment processor, and/or by one or more of the payment methods available on the Wavstay Platform (such as gift cards).

9. Appointment of Wavstay Payments as limited Payment Collection Agent

  1. Each Member collecting payment for services provided via the Wavstay Platform (such as Host Services, Co-Host Services, or certain transactions facilitated through the Resolution Center) (“Providing Member”) hereby appoints Wavstay Payments as the Providing Member’s payment collection agent solely for the limited purpose of accepting funds from Members purchasing such services (“Purchasing Members”).
  2. Each Providing Member agrees that payment made by a Purchasing Member through Wavstay Payments, shall be considered the same as a payment made directly to the Providing Member, and the Providing Member will provide the purchased services to the Purchasing Member in the agreed-upon manner as if the Providing Member has received the payment directly from the Purchasing Member. Each Providing Member agrees that Wavstay Payments may refund the Purchasing Member in accordance with the Wavstay Terms. Each Providing Member understands that Wavstay Payments’ obligation to pay the Providing Member is subject to and conditional upon successful receipt of the associated payments from Purchasing Members. Wavstay Payments guarantees payments to Providing Members only for such amounts that have been successfully received by Wavstay Payments from Purchasing Members in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Providing Member, Wavstay Payments assumes no liability for any acts or omissions of the Providing Member.
  3. Each Purchasing Member acknowledges and agrees that, notwithstanding the fact that Wavstay Payments is not a party to the agreement between you and the Providing Member, Wavstay Payments acts as the Providing Member’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Providing Member. Upon your payment of the funds to Wavstay Payments, your payment obligation to the Providing Member for the agreed upon amount is extinguished, and Wavstay Payments is responsible for remitting the funds to the Providing Member in the manner described in these Payments Terms, which constitute Wavstay Payments’ agreement with the Purchasing Member. In the event that Wavstay Payments does not remit any such amounts, the Providing Member will have recourse only against Wavstay Payments and not the Purchasing Member directly.

10. General Financial Terms

10.1 Fees

Wavstay Payments may charge fees for use of certain Payment Services and any applicable fees will be disclosed to Members via the Wavstay Platform.

10.2 Payment Authorizations

You authorize Wavstay Payments to collect from you amounts due pursuant to these Payment Terms or the Wavstay Terms. Specifically, you authorize Wavstay Payments to collect from you:

  • Any amount due to Wavstay (e.g., as a result of your bookings, Booking Modifications, cancellations, or other actions as a Guest, Co-Payer, Host or Co-Host or user of the Wavstay Platform), including reimbursement for costs prepaid by Wavstay on your behalf, by charging any Payment Method on file in your Wavstay Account (unless you have previously removed the authorization to charge such Payment Method(s)) or by withholding such amounts from your future Payouts. Any funds collected by Wavstay Payments will set off the amount owed by you to Wavstay and extinguish your obligation to Wavstay.
  • Any amount due to a Providing Member from a Purchasing Member which Wavstay collects as the Providing Member’s payment collection agent as further set out in Section 9 above.
  • Taxes, where applicable and as set out in the Wavstay Terms.
  • Any amount paid through the Resolution Center in connection with your Wavstay Account. Wavstay Payments may do so by charging the Payment Method associated with the relevant booking, or any other Payment Method on file in your Wavstay Account (unless you have previously removed the authorization to charge such Payment Method(s)), or by withholding the amount from your future Payouts.
  • Overstay Fees payable under the Wavstay Terms. In addition, Wavstay Payments may recover any costs and expenses it incurs in collecting the Overstay Fees by charging any Payment Method(s) you have on file in your Wavstay Account (unless you have previously removed the authorization to charge such Payment Method(s)).
  • Any Service Fees or cancellation fees imposed pursuant to the Wavstay Terms (e.g., if, as a Host, you cancel a confirmed booking). Wavstay Payments will be entitled to recover the amount of any such fees from you, including by subtracting such refund amount out from any future Payouts due to you.

Fees improperly paid to you as a Host or Co-Host. If, as a Host or Co-Host, your Guest cancels a confirmed booking or Wavstay decides that it is necessary to cancel a confirmed booking, and Wavstay issues a refund to the Guest in accordance with the Wavstay Terms, Guest Refund Policy, Extenuating Circumstances Policy, or other applicable cancellation policy, you agree that in the event you have already been paid, Wavstay Payments will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you.

 

  • Fees, costs and/or expenses associated with a Damage Claim, including any Security Deposit, as set out in the Wavstay Terms. If Wavstay Payments is unable to collect from your Payment Method used to make the booking, you agree that Wavstay Payments may charge any other Payment Method on file in your Wavstay Account at the time of the Damage Claim (unless you have previously removed the authorization to charge such Payment Method(s)). Wavstay Payments also reserves the right to otherwise collect payment from you and pursue any remedies available to Wavstay Payments in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Hosts under the Wavstay Host Guarantee.
  • Fees payable by Co-Payers as part of the Group Payment Service by charging any Payment Method on file in your Wavstay Account (unless you have previously removed the authorization to charge such Payment Method(s)), or by withholding such amounts from your future Payouts. Any funds collected by Wavstay Payments will set off the amount owed by you to Wavstay and extinguish your obligation to Wavstay.

 

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 our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.

10.3 Refunds

  1. Any refunds or credits due to a Member pursuant to the Wavstay Terms will be initiated and remitted by Wavstay Payments.
  2. All refunds may be subject to the Wavstay Terms, Extenuating Circumstances Policy, and Guest Refund Policy. If a Guest or Wavstay decides for any reason to cancel a confirmed booking pursuant to the Wavstay Terms, Guest Refund Policy, or Extenuating Circumstances Policy, you agree that Wavstay Payments will not have any liability for such

cancellations or refunds aside from its obligations to remit refunds or Payouts pursuant to these Payments Terms.

10.4 Recurring Payments

  1. For certain bookings (such as for Accommodation Bookings of twenty-eight (28) nights or more), Wavstay Payments may require a Guest to make recurring, incremental payments toward the Total Fees owed (“Recurring Payments”). More information on Recurring Payments (including the amount and the frequency of payments) will be made available via the Wavstay Platform if applicable to a booking.
  2. If Recurring Payments apply to a confirmed booking, then the Guest authorizes Wavstay Payments to collect the Total Fees, and the Host agrees that Wavstay Payments will initiate Payouts, in the increments and at the frequency agreed to and identified via the Wavstay Platform.
  3. Guests may stop payment of a Recurring Payment by notifying Wavstay Payments orally or in writing at least three (3) business days before the scheduled date of the payment. Wavstay Payments may require that you give written confirmation of a stop-payment order within fourteen (14) days of an oral notification. If you fail to provide written confirmation within fourteen (14) days as requested, Wavstay 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 Wavstay Payments pursuant to Section 24.

10.5 Payment Processing Errors

We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payout Method or Payment Method used for the original Payout to or payment by you, so that you end up receiving or paying the correct amount. This may be performed by Wavstay Payments or a third party such as your financial institution.

10.6 Collections

If Wavstay Payments is unable to collect any amounts you owe under these Payments Terms, Wavstay Payments may engage in collection efforts to recover such amounts from you. Wavstay Payments will deem any owed amounts overdue when: (a) for authorized charges, ninety (90) days have elapsed after Wavstay Payments first attempts to charge the Member’s Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, one hundred and eighty (180) days have elapsed after the adjustment is

made to the Host’s account or the associated services have been provided, whichever is later. Any overdue amounts not collected within one hundred and eighty (180) days after they become overdue will be deemed to be in default. You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail or by phone, as provided to Wavstay and/or Wavstay Payments by you. Such communication may be made by Wavstay, Wavstay Payments, or by anyone on their behalf, including but not limited to a third-party collection agent.

11. Security Deposits

  1. If you as a Guest (i) agree to pay the Host in connection with a Damage Claim, or (ii) Wavstay determines that you are responsible for damaging an Accommodation or any personal or other property located at an Accommodation pursuant to the Wavstay Terms, you authorize Wavstay 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 amount of the Damage Claim exceeding any Security Deposit. If the Listing does not have a Security Deposit, Wavstay Payments may charge the Payment Method used to make the booking for the amount of the Damage Claim. If we are unable to collect from your Payment Method used to make the booking, you agree that Wavstay Payments may charge any other Payment Method on file (and not otherwise unauthorized) in your Wavstay Account at the time of the Damage Claim.
  2. Wavstay Payments also reserves the right to otherwise collect payment from you and pursue any remedies available to Wavstay Payments in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Hosts under the Wavstay Host Guarantee.

12. Currency Conversion

Wavstay Payments will process each transaction in the currency the Member selects via the Wavstay Platform. The currencies available to make and receive payments for any given transaction may be limited for regulatory or operational reasons based on factors such as the Member’s selected Payment Method or Payout Method and/or the Member’s Country of Residence or Wavstay contracting entity(ies). Any such limitations will be communicated via the Wavstay Platform, and you will be prompted to select a different currency, Payment Method or Payout Method. Note that a Member’s third-party payment service provider may impose transaction, currency conversion or other fees based on the currency or Payment Method the Member selects to make or receive payments, and Wavstay Payments is not responsible for any such fees and disclaims all liability in this regard.

13. Abandoned Property

If we cannot initiate a Payout, refund, or pay other funds due to you 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 submitting such funds to the appropriate governing body as required by law.

14. Prohibited Activities

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:

  • breach or circumvent any applicable laws or regulations, agreements with third parties, third-party rights, or the Wavstay Terms, Policies, or Standards;
  • use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms;
  • register or use any Payment Method or Payout Method with your Wavstay Account that is not yours or you do not have authorization to use;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Wavstay Payments or any of Wavstay Payments’ providers or any other third party to protect the Payment Services;
  • take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;
  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or
  • violate or infringe anyone else’s rights or otherwise cause harm to anyone.

15. Intellectual Property Ownership, Rights Notices

15.1 The Payment Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Payment Services, including all associated intellectual property rights, are the exclusive property of Wavstay, Wavstay Payments and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in

or accompanying the Payment Services. All trademarks, service marks, logos, trade names, and any other proprietary designations of Wavstay or Wavstay Payments used on or in connection with the Payment Services are trademarks or registered trademarks of Wavstay or Wavstay Payments in the United States and abroad. Trademarks, service marks, logos, trade names, and any other proprietary designations of third parties used on or in connection with Payment Services are used for identification purposes only and may be the property of their respective owners.

15.2 You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Payment Services, except as expressly permitted in these Payments Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Wavstay, Wavstay Payments, or its licensors, except for the licenses and rights expressly granted in these Payments Terms.

16. Feedback

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Payment Services (“Feedback”). You may submit Feedback by emailing us, through the “Contact” section of the Wavstay Platform, or pursuant to Section 24 (“Contacting Wavstay Payments”). Any Feedback you submit to us will be considered nonconfidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

17. Disclaimers

  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.
  2. Notwithstanding Wavstay Payments’ appointment as the limited payment collection agent of Providing Members for the purposes of accepting payments from Purchasing Members through the Wavstay Platform, Wavstay Payments explicitly disclaims all liability for any act or omission of any Member or other third party. Wavstay Payments does not have any duties or obligations as agent for each Providing Member 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.

  1. 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.
  2. 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.

18. Liability

18.1 Except as provided in Section 18.2, 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 Wavstay Account in any way, you are responsible for the actions taken by that person. Neither Wavstay 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 Wavstay 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 Providing Members pursuant to these Payments Terms or an approved payment request under the Wavstay Host Guarantee, in no event will Wavstay 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 the amounts you have paid or owe for bookings via the Wavstay 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 or Co-Host, the amounts paid by Wavstay

Payments to you in the twelve (12) month period prior to the event giving rise to the liability, or 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 Wavstay 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 Wavstay 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.

18.2 If you reside in the EU, Section 18.1 does not apply, and Wavstay 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. Wavstay Payments is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of Wavstay Payments in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of Wavstay Payments is excluded to the maximum extent allowed by applicable law.

19. Indemnification

You agree to release, defend (at Wavstay Payments’ option), indemnify, and hold Wavstay 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) Wavstay Payments’ Collection and Remittance of Occupancy Taxes; or (iv) your breach of any laws, regulations, or third-party rights.

20. Termination, Suspension, and other Measures

20.1 You may terminate this Agreement at any time by sending us an email, or by following the termination procedures specified in the Wavstay Terms. Terminating this Agreement will also serve as notice to cancel your Wavstay Account pursuant to the Wavstay Terms. If you cancel your Wavstay Account

as a Host, Wavstay Payments will provide a full refund to any Guests with confirmed booking(s). If you cancel your Wavstay Account as a Guest, Wavstay Payments will initiate a refund for any confirmed booking(s) based on the Listing’s cancellation policy.

  1. Without limiting our rights specified below, Wavstay Payments may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.
  2. Wavstay Payments may immediately, without notice terminate this Agreement 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) Wavstay Payments believes in good faith that such action is reasonably necessary to protect other Members, Wavstay, Wavstay Payments, or third parties (for example in the case of fraudulent behavior of a Member).
  3. In addition, Wavstay 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, or if (ii) you have breached these Payments Terms, the Wavstay Terms, applicable laws, regulations or third-party rights, (iii) you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, or (iv) Wavstay Payments believes in good faith that such action is reasonably necessary to protect the personal safety or property of Wavstay, its Members, Wavstay Payments, or third parties, or to prevent fraud or other illegal activity.
  4. In case of non-material breaches and where appropriate, you will be given notice of any measure by Wavstay Payments and an opportunity to resolve the issue to Wavstay Payments’ reasonable satisfaction.
  5. If you are a Host and we take any of the measures described in this Section we may refund your Guests in full for any and all confirmed bookings, irrespective of preexisting cancellation policies, and you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
  6. If your access to or use of the Payment Services has been limited or this Agreement has been terminated by us, you may not register a new Wavstay Account or attempt to access and use the Payment Services through other an Wavstay Account of another Member.

20.8 Unless you reside in Germany, if you or we terminate this Agreement, the clauses of these Payments Terms that reasonably should survive termination of these Payments Terms will remain in effect.

21. Applicable law and Jurisdiction

  1. If you are contracting with Wavstay Payments US, these Payments Terms will be interpreted in accordance with the laws of the State of Florida and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 23 must be brought in state or federal court in Sarasota, Florida, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Manatee County, Florida. 22. Dispute Resolution and Arbitration Agreement

22.1 This Dispute Resolution and Arbitration Agreement shall apply if you (i)
are contracting with Wavstay Payments US; or (ii) bring any claim against any
Wavstay Payments entity in the United States (to the extent not in conflict with Section 21).

22.2 Overview of Dispute Resolution Process. Wavstay Payments is
committed to participating in a consumer-friendly dispute resolution
process. To that end, these Payments Terms provide for a two-part
process for individuals to whom Section 23.1 applies: (1) an informal
negotiation directly with Wavstay’s customer service team, and (2) a binding
arbitration administered by the American Arbitration Association (“AAA”)
using its specially designed Consumer Arbitration Rules (as modified by
this Section 22 and except as provided in Section 22.6). Specifically, the
Consumer Arbitration Rules provide:

  • Claims can be filed with AAA online (www.adr.org);
  • Arbitrators must be neutral and no party may unilaterally select an arbitrator;
  • Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
  • Parties retain the right to seek relief in small claims court for certain claims, at their option;
  • The initial filing fee for the consumer is capped at $200;

The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;

 

  • The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.

 

  1. Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Wavstay Payments each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Wavstay’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
  2. Agreement to Arbitrate. You and Wavstay Payments mutually agree that any dispute, claim or controversy arising out of or relating to these Payments Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Payment Services (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Wavstay Payments agree that the arbitrator will decide that issue.
  3. Exceptions to Arbitration Agreement You and Wavstay Payments each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
  4. Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the 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 or by calling the AAA at 1-800-778-7879.

7.Modification to AAA Rules – Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Wavstay Payments agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in Manatee County, Florida; (c) in any other location to which you and Wavstay Payments both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.

 

  • Modification of AAA Rules – Attorney’s Fees and Costs. You and Wavstay Payments agree that Wavstay Payments will be responsible for payment of the balance of any initial filing fee under the AAA Rules in excess of $200 for claims of $75,000 or less. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, Wavstay Payments agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA rules, to recover attorneys’ fees and expenses if it prevails in arbitration.
  • 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 declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

 

  1. Jury Trial Waiver. You and Wavstay Payments acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
  2. No Class Actions or Representative Proceedings. You and Wavstay Payments acknowledge and agree that 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 proceeding as to all Disputes. Further, unless you and Wavstay Payments both otherwise 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 this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
  3. Severability. Except as provided in Section 22.11, 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 shall be given full force and effect.

13.Changes. Notwithstanding the provisions of Section 3 (“Modification of these Payments Terms”), if Wavstay Payments changes this Section 22 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Wavstay Payments’ email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Wavstay Payments in accordance with the provisions of the “Dispute Resolution” section as of the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms).

 

  • Survival. Except as provided in Section 22.12 and subject to Section 20.8, this Section 22 will survive any termination of these Payments Terms and will continue to apply even if you stop using the Payment Services or terminate your Wavstay Account.

 

23. General Provisions

  1. Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire Agreement between Wavstay Payments and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Wavstay Payments and you regarding the Payment Services.
  2. No joint venture, partnership, employment, or agency relationship exists between you or Wavstay Payments as a result of this Agreement or your use of the Payment Services.
  3. 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.
  4. Wavstay 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.
  5. You may not assign, transfer, or delegate this Agreement and your rights and obligations hereunder without Wavstay Payments’ prior written

consent. Wavstay 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. Your right to terminate this Agreement at any time remains unaffected.

  1. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third-party beneficiaries of this Agreement for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to this Agreement.
  2. Unless specified otherwise, any notices or other communications permitted or required under this Agreement, will be in writing and given by Wavstay Payments via email, Wavstay Platform notification, or messaging service (including SMS and WeChat). For notices made to Members residing outside of Germany, the date of receipt will be deemed the date on which Wavstay transmits the notice.

24. Contacting Wavstay Payments

You may contact Wavstay Payments regarding the Payment Services using the information below:

Entity Contact Information

Wavstay 4805 70th Ave. East

Payments, Inc.

Ellenton  FL  34222

United States of America

.

Last Updated: October 29, 2018

These terms and conditions govern Wavstay’s policy for Guest refunds (“Guest Refund Policy”) and the obligations of the Host associated with the Guest Refund Policy. The Guest Refund Policy applies in addition to Wavstay’s Terms of Service (“Wavstay Terms”). The Guest Refund Policy is available to Guests who book and pay for an Accommodation through the Wavstay Platform and suffer a Travel Issue (as defined below). The Guest’s rights under this Guest Refund Policy will supersede the Host’s cancellation policy.

All capitalized terms shall have the meaning set forth in the Wavstay Terms or Payments Terms unless otherwise defined in this Guest Refund Policy.

By using the Wavstay Platform as a Host or Guest, you are indicating that you have read and that you understand and agree to be bound by this Guest Refund Policy.

1. Travel Issue

A “Travel Issue” means any one of the following.

  1. the Host of the Accommodation (i) cancels a booking shortly before the scheduled start of the booking, or (ii) fails to provide the Guest with the reasonable ability to access the Accommodation (e.g. does not provide the keys and/or a security code).
  2. the Listing’s description or depiction of the Accommodation is materially inaccurate with respect to:
  • the size of the Accommodation (e.g., number and size of the bedroom, bathroom and/or kitchen or other rooms),
  • whether the booking for the Accommodation is for an entire home, private room or shared room, and whether another party, including the Host, is staying at the Accommodation during the booking,

special amenities or features represented in the Listing are not provided or do not function, such as decks, pools, hot tubs, bathrooms (toilet/shower/bathtub), kitchen (sink/stove/refrigerator or major other appliances), and electrical, heating or air condition systems, or

 

  • the physical location of the Accommodation (proximity).

 

(c) at the start of the Guest’s booking, the Accommodation: (i) is not generally clean and sanitary (ii) contains safety or health hazards that would be reasonably expected to adversely affect the Guest’s stay at the Accommodation in Wavstay’s judgment, (iii) does not contain clean bedding and bathroom towels available for the Guest’s use, or (iv) has vermin or contains pets not disclosed in the Listing.

2. The Guest Refund Policy

If you are a Guest and suffer a Travel Issue, we agree, at our discretion, to either (i) reimburse you up to the amount paid by you through the Wavstay Platform (“Total Fees”) depending on the nature of the Travel Issue suffered, or (ii) use our reasonable efforts to find and book you another Accommodation for any unused nights left in your booking which is reasonably comparable to the Accommodation described in your original booking in terms of size, rooms, features and quality. All determinations of Wavstay with respect to the Guest Refund Policy, including without limitation the size of any refund and the comparability of alternate Accommodations, shall be in Wavstay’s discretion, and final and binding on the Guests and Hosts.

3. Conditions to Claim a Travel Issue

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

  1. you must be the Guest that booked the Accommodation;
  2. you must bring the Travel Issue to our attention in writing or via telephone and provide us with information (including photographs or other evidence) about the Accommodation and the circumstances of the Travel Issue within 24 hours after the later of (i) the start of your booking or (ii) you discover the existence of the Travel Issue, and must respond to any requests by us for additional information or cooperation on the Travel Issue;
  3. you must not have directly or indirectly caused the Travel Issue (through your action, omission or negligence); and

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

4. Minimum Quality Standards, Host Responsibilities
and Reimbursement to Guest

  1. If you are a Host, you are responsible for ensuring that the Accommodations you list on the Wavstay Platform meet minimum quality standards regarding access, adequacy of the Listing description, safety, cleanliness, and do not present a Guest with Travel Issues. During a Guest’s stay at an Accommodation, Hosts should be available, or make a third-party available, in order to try, in good faith, to resolve any Guest issues.
  2. If you are a Host, and if (i) Wavstay determines that a Guest has suffered a Travel Issue related to an Accommodation listed by you and (ii) Wavstay either reimburses that Guest (up to their Total Fees) or provides an alternative Accommodation to the Guest, you agree to reimburse Wavstay up to the amount paid by Wavstay within 30 days of Wavstay’s request. If the Guest is relocated to an alternative Accommodation, you also agree to reimburse Wavstay for reasonable additional costs incurred to relocate the Guest. You authorize Wavstay Payments to collect any amounts owed to Wavstay by reducing your Payout or as otherwise permitted pursuant to the Payments Terms.
  3. As a Host, you understand that the rights of Guests under this Guest Refund Policy will supersede your selected cancellation policy. If you dispute the Travel Issue, you may notify us in writing or via telephone and provide us with information (including photographs or other evidence) disputing the claims regarding the Travel Issue, provided you must have used reasonable and good faith efforts to try to remedy the Travel Issue with the Guest prior to disputing the Travel Issue claim.

5. General Provisions

  1. No Assignment/No Insurance. This Guest 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 Guest, and the Guest has not paid any premium in respect of the Guest Refund Policy. The benefits provided under this Guest Refund Policy are not assignable or transferable by you.
  2. Modification or Termination. Wavstay reserves the right to modify or terminate this Guest Refund Policy, at any time, in its sole discretion. If Wavstay modifies this Guest Refund Policy, we will post the modification on

the Wavstay Platform or provide you with notice of the modification and Wavstay will continue to process all claims for Travel Issues made prior to the effective date of the modification.

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

6. Contacting Wavstay. If you have any questions about the Guest Refund Policy, please email us.

Our Commitment to Inclusion and Respect

Wavstay is, at its core, an open community dedicated to bringing the world closer together by fostering meaningful, shared experiences among people from all parts of the world. Our community is an incredibly diverse community, drawing together individuals of different cultures, values, and norms.

The Wavstay community is committed to building a world where people from every background feel welcome and respected, no matter how far they have traveled from home. This commitment rests on two foundational principles that apply both to Wavstay’s hosts and guests: inclusion and respect. Our shared commitment to these principles enables every member of our community to feel welcome on the Wavstay platform no matter who they are, where they come from, how they worship, or whom they love. Wavstay recognizes 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 hosts to violate local laws or take actions that may subject them to legal liability. Wavstay will provide additional guidance and adjust this nondiscrimination 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 Wavstay 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 Wavstay community—hosts, guests and people just considering whether to use our platform—that goes above and beyond mere compliance. To that end, all of us, Wavstay employees, hosts and guests alike, agree to read and act in accordance with the following policy to strengthen our community and realize our mission of ensuring that everyone can belong, and feels welcome, anywhere.

Inclusion – We welcome guests of all backgrounds with authentic hospitality and open minds. Joining Wavstay, as a host or guest, 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 Wavstay appreciates that local laws and cultural norms vary around the world and expects hosts and guests to abide by local laws, and to engage with each other respectfully, even when views may not reflect their beliefs or upbringings. Wavstay’s members bring to our community an incredible diversity of background experiences, beliefs, and customs. By connecting people from different backgrounds, Wavstay 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 Hosts in the United States and European Union

As a general matter, we will familiarize ourselves with all applicable federal, state, and local laws that apply to housing and places of public accommodation. Hosts should contact Wavstay customer service if they have any questions about their obligations to comply with this Wavstay Nondiscrimination Policy. Wavstay will release further discrimination policy guidance for jurisdictions outside the United States in the near future. Guided by these principles, our U.S. and EU host community will follow these rules when considering potential guests and hosting guests:

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

Wavstay hosts may not;

– Decline a guest based on race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.

– Impose any different terms or conditions based on race, color, 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 guest on account of race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.

Gender

Wavstay hosts may not:

– Decline to rent to a guest based on gender unless the host shares living spaces (for example, bathroom, kitchen, or common areas) with the guest.

– Impose any different terms or conditions based on gender unless the host shares living spaces with the guest.

– Post any listing or make any statement that discourages or indicates a preference for or against any guest on account of gender, unless the host shares living spaces with the guest.

Wavstay hosts may:

– Make a unit available to guests of the host’s gender and not the other, where the host shares living spaces with the guest.

Disability

Wavstay hosts may not:

– Decline a guest based on any actual or perceived disability.

– Impose any different terms or conditions based on the fact that the guest has a disability.

– Substitute their own judgment about whether a unit meets the needs of a guest with a disability for that of the prospective guest.

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

– Prohibit or limit the use of mobility devices.

– Charge more in rent or other fees for guests with disabilities.

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

– Refuse to communicate with guests 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 accommodations, including flexibility when guests with disabilities request modest changes in your house 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 guest requests such an accommodation, the host and the guest should engage in a dialogue to explore mutually agreeable ways to ensure the unit meets the guest’s needs.

Wavstay hosts may:

– Provide factually accurate information about the unit’s accessibility features (or lack of them), allowing for guests with disabilities to

assess for themselves whether the unit is appropriate to their individual needs.

Personal Preferences

• Wavstay hosts may:

– Except as noted above, Wavstay hosts may decline to rent based on factors that are not prohibited by law. For example, except where prohibited by law, Wavstay hosts may decline to rent guests with pets, or to guests who smoke.

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

– Nothing in this policy prevents a host from turning down a guest on the basis of a characteristic that is not protected under the civil rights laws or closely associated with a protected class. For example, a Wavstay host may turn down a guest who wants to smoke in a unit, or place limits on the number of guests in a unit.

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

Specific Guidance for Hosts Outside the United States and European Union

Outside of the United States and the European Union, some countries or communities may allow or even require people to make accommodation distinctions based on, for example, marital status, national origin, gender or sexual orientation, in violation of our general nondiscrimination philosophy. In these cases, we do not require hosts to violate local laws, nor to accept guests that could expose the hosts to a real and demonstrable risk of arrest, or physical harm to their persons or property. Hosts who live in such areas should set out any such restriction on their ability to host particular guests in their listing, so that prospective guests are aware of the issue and Wavstay 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 host does not comply with our policies in this area?

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

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

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

Wavstay uses cookies and similar technologies to help provide, protect, and improve the Wavstay 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 recognize your browser, while another could store your preferences. There are two types of cookies used on the Wavstay 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 Wavstay 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 Wavstay Uses These Technologies

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

  • To enable you to use and access the Wavstay Platform and the Payment Services.
  • To enable, facilitate and streamline the functioning of and your access to the Wavstay Platform.
  • To better understand how you navigate through and interact with the Wavstay Platform and to improve the Wavstay Platform.
  • To serve you tailored advertising (on the Wavstay Platform and on third party websites).
  • To show you content (e.g., advertisements) that is more relevant to you.
  • To monitor and analyze the performance, operation, and effectiveness of the Wavstay Platform and Wavstay advertisements.
  • To enforce legal agreements that govern use of the Wavstay 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 Wavstay Platform. These partners use these technologies to (1) help us analyze how you use the Wavstay Platform, such as by noting the third party services from which you arrived, (2) market and advertise Wavstay services to you on the Wavstay 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 Wavstay Platform, other sites, and/or the ads you have clicked on. For example, to help us better understand how people use the Wavstay 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.

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 Wavstay 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 customize Google display network ads, you can visit the Google Ads Settings page. To the extent advertising technology is integrated into the Wavstay 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 Wavstay 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 Wavstay 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 Wavstay 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 hot remove flash 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, some parts of the Wavstay Platform may not work as intended or may not work at all.

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