1. Additional Cancellation Right
In addition to the other cancellation rights set out above, the Customer may terminate these Terms and the Customer’s Account during the first 14 days after the Guesty Contract takes effect, by clicking the “Cancel Account” button available on the Guesty Platform, or alternatively by having the Admin send a termination request through our Help Center at https://help.guesty.com/hc/en-gb.
If the Customer communicates the termination to us within the first 14 days after the Guesty Contract takes effect as set out in this section, no further Customer payments will be due and we will reimburse on a pro-rated basis any payments made by the Customer to us for the use of the Guesty Platform or any Add-On Services to the extent those payments relate to the period post-termination.
2. Limitation of Liability
We don’t exclude or restrict our liability in any way that would be unlawful (including our liability for any death or personal injury caused by our negligence, or for any fraud or fraudulent misrepresentation by us). The exclusions and limitations below are all subject to this.
We are not responsible for loss or damage that is not ‘foreseeable’, and we do not accept liability for such loss or damage. Loss or damage is ‘foreseeable’ if either it is obvious that it will happen or if, at the time you agree to these Terms, both you and we are aware that it might occur.
We will not be liable to you for any failure to perform our responsibilities:
(a) due to any abnormal or unforeseeable event outside our reasonable control (e.g., an act of terrorism, a significant weather-related event such as a major flood, a general strike, a general Internet outage, or an epidemic or pandemic) and despite us having taken reasonable precautions against such events; or
(b) where performing our responsibilities would put us in breach of applicable law (e.g., where we have reasonable grounds to suspect that our services are being used for fraud).
It is your responsibility to check whether the Guesty Platform and any Add-On Services meet your purposes or needs. We do not promise or guarantee that they will fulfill any particular purposes or needs that you may have.
Except as set out in these Terms and any other documents that we provided you with access to, we do not promise or guarantee that the Guesty Platform or any Add-On Services will meet any specific requirements or specifications, or that they will be compatible with other products or services.
Please also note the further limitations on our responsibility and liability that are set out in the other sections of these Terms, including those titled “Third Parties”, “Fees and Payment Terms”, “Regulation and Customer Data: Information and Content”, “Regulation of Customer Data: Third Party Channels” and “Important Disclaimers”.
To the extent permitted by applicable law, our total liability to you under these Terms including for any issues, claims or disputes relating to the Guesty Platform and any Add-On Services, will be limited to the total amount you were due to pay us for those services in the three months immediately prior to you raising the first issue, claim or dispute.
3. Complaints, Disputes and Governing Law
If you have a complaint or would like to raise a dispute with us, please contact us using the details set out in the “General: Contact us” section in Guesty’s general Terms of Service, and we will try to resolve it. You can also bring proceedings in the courts, to certain alternative resolution bodies or, if you reside in the European Union, to the European Commission Online Dispute Resolution platform for online resolution (accessible here).
These Terms and any issue, claim or dispute between you and us that arises out of them (or otherwise relating to the Guesty Platform or any Add-On Services) will be governed by the laws of England. However, any additional, mandatory consumer rights and protections that you are entitled to under the laws of the country in which you reside will also apply.
Sections 20, 21, 22 and 23 of the Guesty general Terms of Service shall not apply to a UK or EU resident using the Guesty platform and any Add-on services mainly for non-business purposes.