Terms and Conditions
Terms of Service
These Terms of Service ("Agreement") are a legally binding contract between you and BEP Apartments ("we," "us," "our") governing your access to and use of the BEP Apartments platform, which includes our website, mobile applications, and all related services ("Platform"). This Agreement applies to both Hosts (property owners or managers) and Guests (individuals booking accommodations). By using our services, you agree to comply with and be bound by these Terms, which incorporate our Privacy Policy, Payment Terms, and other related policies.
1. Scope of BEP Apartments Services
1.1 Platform Overview
BEP Apartments operates an online platform that connects Hosts who offer accommodation services ("Host Services") with Guests who wish to book those services ("Listings"). Our platform allows Hosts to create and publish listings for short-term rentals, while Guests can book these accommodations directly through the platform.
1.2 Roles of BEP Apartments
We do not own, manage, or directly offer any accommodations. BEP Apartments is not a party to any transaction between Hosts and Guests. All bookings are made directly between the parties involved, and BEP Apartments is not responsible for the performance or fulfillment of any listing.
1.3 Third-Party Services
Our platform may include links to third-party services or external websites. BEP Apartments is not responsible for the content or availability of these third-party services and does not endorse them.
2. Eligibility and Account Registration
2.1 Eligibility
To use BEP Apartments, you must be at least 18 years old or a legally recognized entity in your jurisdiction. You must also be able to form legally binding contracts.
2.2 Registration Process
To access certain features, such as booking a stay or listing an accommodation, you must register for a BEP Apartments account. During registration, you must provide accurate, current, and complete information and ensure your account remains up-to-date.
2.3 Account Security
You are responsible for maintaining the security and confidentiality of your account details. You must notify us immediately if you suspect any unauthorized use of your account.
3. Host and Guest Responsibilities
3.1 Host Responsibilities
Hosts are solely responsible for creating accurate listings, maintaining their accommodations, and complying with all local laws and regulations related to short-term rentals. This may include obtaining necessary permits, licenses, and insurance. We encourage Hosts to ensure that their accommodations meet safety standards and are in good condition.
3.2 Guest Responsibilities
Guests are expected to follow the terms of each booking, including adhering to the accommodation's house rules, respecting the property, and maintaining clear communication with Hosts.
4. Booking and Payment
4.1 Booking Process
Guests can book accommodations directly through the BEP Apartments platform. The booking confirmation is subject to the availability of the listed property, and BEP Apartments will confirm the reservation once payment is processed.
4.2 Payment Terms
All payments for bookings are processed through BEP Apartments' secure payment system. For full details on payment processing and related terms, refer to our Payment Terms.
4.3 Cancellation Policy
Each listing has a specific cancellation policy that will apply to all bookings. Please review these policies carefully before confirming a booking.
5. Content and Intellectual Property
5.1 Platform Content
The content on the BEP Apartments platform, including all images, text, and trademarks, is the property of BEP Apartments or its licensors. You may not use, copy, or distribute this content without our explicit permission, except for personal, non-commercial purposes.
5.2 User-Generated Content
By creating a listing or posting content on our platform, you grant BEP Apartments a license to use, modify, and distribute this content for marketing and operational purposes. You confirm that the content you post is accurate, lawful, and does not infringe on any third-party rights.
6. Prohibited Activities
6.1 Illegal or Harmful Activities
You agree not to use the BEP Apartments platform for any illegal or harmful activities, including but not limited to fraud, harassment, or the promotion of violence.
6.2 Misuse of Services
Any attempt to manipulate reviews, falsify information, or engage in fraudulent activities will result in immediate suspension or termination of your account.
7. Dispute Resolution
7.1 Dispute Resolution Process
If a dispute arises between a Host and a Guest, we encourage both parties to resolve the issue amicably. If the dispute cannot be resolved, BEP Apartments provides a dispute resolution service to assist in mediation.
7.2 Limitation of Liability
BEP Apartments is not responsible for any damage or loss incurred during a stay or booking. Our role is limited to facilitating the connection between Hosts and Guests.
8. Modification of Terms
BEP Apartments reserves the right to modify these Terms at any time. Any changes will be communicated to you via email or through a notice on the platform. By continuing to use our services after changes have been made, you agree to be bound by the revised Terms.
9. Termination
BEP Apartments may suspend or terminate your account for violating these Terms or engaging in conduct detrimental to the platform's operation. You may terminate your account at any time by notifying us.
10. Governing Law
These Terms shall be governed by the laws of the jurisdiction in which BEP Apartments is established, without regard to its conflict of law principles. Any disputes arising under these Terms will be resolved in the competent courts of that jurisdiction.
11. General Provisions
11.1 Entire Agreement
This Agreement constitutes the entire understanding between you and BEP Apartments and supersedes any prior agreements or communications.
11.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
11.3 Force Majeure
BEP Apartments will not be held liable for any failure to perform due to events beyond our reasonable control, such as natural disasters, war, or technical issues.
12. Service Fees
12.1 BEP Apartments may charge service fees to Hosts ("Host Fees") and Guests ("Guest Fees") collectively referred to as "Service Fees" for the use of the BEP Apartments Platform. The details of when and how Service Fees apply can be found on our Service Fees page.
12.2 Service Fees (including applicable taxes) will be shown to both Hosts and Guests before publishing or booking a Listing. BEP Apartments reserves the right to modify these Service Fees at any time, but we will notify Members of any changes before they take effect. Changes in fees will not apply to bookings made prior to the effective date.
12.3 You are responsible for paying any Service Fees due to BEP Apartments. Service Fees will be collected via BEP Apartments Payments. Host Fees are deducted from the Listing Fee before the payout is issued to the Host. Guest Fees are included in the Total Fees collected by BEP Apartments Payments. Service Fees are non-refundable unless otherwise stated on the Platform.
13. Terms for Hosts
13.1 General Terms for Listings
13.1.1 When creating a Listing on the BEP Apartments Platform, you must provide complete and accurate details about your property, including location, availability, description, and any other required information. You must also disclose any restrictions or requirements such as house rules, age limitations, or proficiency levels. You are responsible for ensuring that your listing is kept up to date.
13.1.2 As a Host, you determine the price for your Listing, including any Taxes or additional charges like cleaning fees ("Listing Fee"). Once a Guest requests a booking, you may not charge more than the agreed upon price.
13.1.3 The terms for cancellation or changes must align with BEP Apartments’ Terms and the relevant cancellation policy in your Listing.
13.1.4 Hosts may participate in programs such as the "Open Homes Program," where certain Listings are made available for free to specific Guests, such as refugees. If you participate, certain restrictions on who can book your Listing may apply.
13.1.5 All images provided for Listings must accurately represent the quality and condition of the accommodation. BEP Apartments may require specific image formats, sizes, and resolutions.
13.1.6 The visibility and ranking of Listings in search results depend on various factors, such as Guest preferences, Host requirements, price, and availability. These factors can affect how your Listing appears to potential Guests.
13.1.7 By accepting a booking request, you enter into a legally binding agreement with the Guest and are required to provide the accommodations and services as described in your Listing.
13.1.8 We recommend that Hosts obtain appropriate insurance for their services. Ensure that your insurance covers the necessary risks, including those related to Guest actions during their stay.
13.2 Accommodations Listings
13.2.1 You may not list more than one accommodation per Listing unless expressly allowed by BEP Apartments.
13.2.2 If you require a Security Deposit for your accommodation, it must be specified in your Listing. You are not allowed to request a deposit outside of the BEP Apartments Platform or after the booking is confirmed.
13.2.3 You must ensure that your Listing complies with all applicable laws, regulations, and agreements (e.g., zoning laws, Tax requirements) and that you have the necessary permits.
14. Terms for Guests
14.1 General Terms for Bookings
14.1.1 To book a Listing, you must meet the requirements set by BEP Apartments or the Host, including verification processes. You will be shown the applicable fees (Listing Fee, Security Deposit, Guest Fee, Taxes) before confirming your booking.
14.1.2 Once a booking is confirmed, a legally binding agreement is formed between you and the Host, and you are required to adhere to the cancellation policy and any other terms specified by the Host.
14.1.3 If you are booking on behalf of others, you are responsible for ensuring that all additional guests comply with the Host's requirements and are aware of the terms of the Listing.
14.2 Booking Accommodations
14.2.1 By confirming an accommodation booking, you receive a limited license to occupy the property for the duration of your stay. The Host retains the right to re-enter the accommodation as permitted by law.
14.2.2 You must check out at the designated time. If you stay beyond the agreed time, you will be required to pay additional fees (Overstay Fees), which may include a nightly rate and other charges.
15. Booking Modifications, Cancellations, and Refunds
15.1 Both Hosts and Guests are responsible for making any changes to bookings, and additional fees may apply as a result of these modifications.
15.2 Guests can cancel bookings according to the Host’s cancellation policy. Any applicable refunds will be processed based on that policy. BEP Apartments will remit the relevant refund or payment to the Host as required.
15.3 If the Host cancels a booking, the Guest will receive a full refund. BEP Apartments may allow the Guest to apply the refund towards a new booking.
15.4 In certain cases, such as extreme weather or safety concerns, a Host may cancel a service or experience. Refunds or alternative arrangements may be provided accordingly.
15.5 BEP Apartments reserves the right to cancel bookings in certain situations, such as in cases of suspected fraud or when necessary to prevent significant harm.
15.6 If a Travel Issue occurs, a Guest may be entitled to a partial or full refund according to BEP Apartments' Guest Refund Policy.
15.7 If a refund is issued after the Host has already been paid, BEP Apartments may recover the refund amount from the Host’s future payouts.
16. Ratings and Reviews
16.1 After completing a booking, both Hosts and Guests can leave reviews. These reviews reflect personal opinions and are not verified by BEP Apartments.
16.2 Reviews must be accurate and free of offensive or defamatory content. Members are prohibited from manipulating the review system.
16.3 Reviews may impact your public profile and may be displayed on your Listing, along with other relevant information like booking history and cancellations
17. Damage to Accommodation and Disputes between Members
17.1 As a Guest, you agree to leave the accommodation in the same condition as when you arrived, including all personal or other property at the accommodation. You are responsible for your actions, as well as those of any individuals you invite or allow access to the accommodation.
17.2 If a Host claims damage to the accommodation or any property, they may file a claim with BEP Apartments. You will have an opportunity to respond, and if the claim is upheld, BEP Apartments will collect the necessary payment from you, including from any applicable security deposit.
17.3 Both Guests and Hosts agree to assist BEP Apartments in good faith by providing necessary information related to damage claims, disputes, or complaints about the accommodation, including during mediation or resolution processes, if required by BEP Apartments.
17.4 As a Guest, you agree to cooperate with BEP Apartments if a claim is made against your insurance policy for any damages caused during your stay.
18. Rounding Off Payments
BEP Apartments uses third-party payment services, which may round payment amounts to the nearest whole unit of currency (such as dollars or euros). This rounding will be applied at BEP Apartments’ discretion.
19. Taxes
19.1 As a Host, you are solely responsible for determining your tax obligations and ensuring that you collect and remit any applicable taxes such as VAT, occupancy taxes, or income taxes.
19.2 BEP Apartments may collect tax information from Hosts or withhold taxes from payouts as required by applicable law.
19.3 In some jurisdictions, taxes may be collected on the accommodation fees and remitted to the relevant authorities. The laws may vary, and BEP Apartments may facilitate the collection and remittance of such taxes.
19.4 If BEP Apartments facilitates tax collection, Hosts authorize us to collect and remit the taxes on their behalf. However, Hosts are still responsible for ensuring they comply with applicable tax laws and reporting obligations.
19.5 BEP Apartments may cease tax collection and remittance in certain jurisdictions, at which point Hosts and Guests are responsible for any taxes that apply.
20. Prohibited Activities
20.1 You are responsible for complying with all laws, regulations, and tax obligations that apply to your use of BEP Apartments. In particular, you agree not to:
Circumvent laws, agreements, or any of BEP Apartments’ Terms.
Use BEP Apartments’ services for unauthorized commercial purposes.
Copy, store, or use personal information about other members in violation of BEP Apartments’ Privacy Policy.
Distribute unsolicited commercial messages.
Offer accommodations you do not own or have permission to list.
Accept payments outside of BEP Apartments’ platform.
Discriminate or harass others.
Engage in any other activity that may harm the reputation of BEP Apartments or its members.
20.2 BEP Apartments reserves the right to monitor activity to ensure compliance and may take action to enforce these Terms.
21. Reporting and Resolving Issues
21.1 If you encounter inappropriate behavior or suspect someone is acting inappropriately, report the issue to the appropriate authorities and to BEP Apartments.
21.2 BEP Apartments will not be obligated to take action beyond legal requirements, but will investigate and address complaints as necessary.
22. Termination and Suspension of Accounts
22.1 This agreement is valid for an initial 30-day term and will automatically renew unless either party terminates the agreement.
22.2 Either party may terminate the agreement at any time by sending an email to BEP Apartments. Hosts’ active bookings will be automatically canceled upon termination.
22.3 BEP Apartments may suspend or terminate your account and access to the platform immediately without notice if you breach the Terms, violate laws, or engage in activities that threaten the safety of others.
22.4 BEP Apartments may also take actions such as canceling bookings, limiting access, or suspending accounts in the event of violations or fraud.
22.5 When your account is terminated, you are not entitled to access or restore any content or accounts associated with BEP Apartments.
23. Disclaimers
By using BEP Apartments’ platform or services, you do so voluntarily and at your own risk. Our platform and services are provided "as is" with no warranties of any kind, either express or implied.
You confirm that you have had the opportunity to investigate any relevant laws, regulations, and the services BEP Apartments offers, and you are not relying on any statements made by us regarding these services.
We may choose to verify the identity or conduct background checks on any user, but we do not guarantee that such checks will uncover any prior issues or prevent future misconduct.
Some experiences, events, or services provided by BEP Apartments may carry inherent risks, such as illness, injury, or death. By participating, you voluntarily accept these risks. You are fully responsible for your decisions before, during, and after engaging with our services. If you bring a minor along, you are solely responsible for supervising them. To the maximum extent allowed by law, you release BEP Apartments from any liability related to injuries, losses, or harm that might occur.
These disclaimers apply to the maximum extent permitted by law, but you may have additional rights. Statutory warranties, if any, will be limited to the maximum extent allowed.
24. Liability
You understand and agree that the entire risk associated with your use of BEP Apartments’ platform and services remains with you. BEP Apartments, or anyone involved in creating or delivering our services, will not be liable for any incidental, consequential, or special damages, including lost profits, data loss, service interruptions, or personal injury arising from (i) these Terms, (ii) the use or inability to use BEP Apartments’ platform, (iii) communications or interactions with other users, or (iv) your bookings and participation in services.
Except for payment obligations to hosts or as required by law, BEP Apartments’ total liability in connection with these Terms or your use of our services will not exceed the amount you’ve paid for bookings in the past 12 months, or $100, whichever is greater.
Some jurisdictions do not allow the limitation of liability, so the above may not apply to you.
25. Indemnification
To the fullest extent allowed by law, you agree to defend, indemnify, and hold BEP Apartments, our affiliates, employees, and agents harmless from any claims, liabilities, damages, losses, or expenses arising from (i) your breach of these Terms or policies, (ii) misuse of our platform, (iii) interactions with other members, (iv) any claims related to occupancy taxes, or (v) violations of laws or third-party rights.
26. Dispute Resolution and Arbitration Agreement
26.1 Overview
This section applies if you are in the United States or initiate any claims in the United States. For users outside the U.S., specific provisions for your jurisdiction apply.
26.2 Dispute Resolution Process
If a dispute arises, BEP Apartments encourages resolving it informally through customer service before resorting to arbitration. Claims will be handled via binding arbitration, governed by the rules of the American Arbitration Association (AAA). You can file claims online through AAA, and the arbitration process will be carried out according to the Consumer Arbitration Rules, with specific limits on filing fees and other procedures to make it as accessible as possible.
26.3 Pre-Arbitration Negotiation
Before arbitration, you and BEP Apartments agree to attempt informal negotiations via email or customer service. If this does not resolve the dispute, either party may proceed with arbitration.
26.4 Arbitration Agreement
Any dispute related to these Terms or BEP Apartments’ services will be settled by binding individual arbitration. This includes disputes regarding the applicability, breach, or interpretation of these Terms. If any disagreement arises about enforcing this agreement, the arbitrator will resolve it.
26.5 Exceptions to Arbitration
Claims related to intellectual property or requiring emergency legal action are exempt from arbitration and may be filed in court.
26.6 Arbitration Rules
Arbitration will be governed by the AAA Rules, and the Federal Arbitration Act will control. Hearings can take place in your county or via video conference if you prefer.
26.7 Attorney’s Fees
If you prevail in arbitration, you may be entitled to recover attorney's fees. If BEP Apartments prevails, we waive our right to seek attorney fees unless the arbitrator determines that your claim was frivolous.
26.8 No Jury Trial or Class Action
By agreeing to arbitration, you waive the right to a jury trial and to participate in class actions. Claims will be handled individually unless otherwise agreed.
26.9 Enforceability
If any part of this arbitration agreement is found unenforceable, the rest will remain in effect.
26.10 Survival
This section survives the termination of your relationship with BEP Apartments.
27. Feedback
We value your feedback and suggestions for improving our platform. Any feedback you provide will be considered non-confidential, and by submitting it, you grant us a license to use it without compensation.
28. Applicable Law and Jurisdiction
28.1 Jurisdiction
If you reside in the U.S., your use of BEP Apartments is governed by California law. Any disputes outside of arbitration must be filed in courts in San Francisco, California.
28.2 Non-U.S. Residents
For users in countries other than the U.S., these Terms are governed by Irish law, and you agree to submit to the non-exclusive jurisdiction of the Irish courts.
29. General Provisions
29.1 Entire Agreement
These Terms, along with any additional policies, constitute the full agreement between you and BEP Apartments, replacing any prior agreements.
29.2 No Partnership
Nothing in these Terms creates a joint venture, partnership, or employment relationship between you and BEP Apartments.
29.3 Severability
If any provision is found to be unenforceable, the rest of the agreement remains valid.
29.4 Waiver of Rights
BEP Apartments' failure to enforce any right does not waive that right.
29.5 Assignment
You cannot assign or transfer your rights under these Terms without our consent. We may assign or transfer them with prior notice to you.
29.6 Notices
Any notices or communications will be sent electronically through email or our platform.
30. Contact Us
For any questions regarding these Terms, please contact us.
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550 Ameh Ebute, Anukuru 900108, Fedral Capital Territory, Nigeria.
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Contacts:
‪+234 706 252 3758‬
support@boldeaglespath.com