Host Terms

Updated July 18, 2022 – Security Devices

As a Host, Haymaker offers you the opportunity to share your Accommodation, Experience, or other Host Service with our community of Guests – and earn money doing it. It’s easy to create a Location Listing with Spaces and you are in control of how you host – set your price, availability, and rules for each Space.

Contracting with Guests. When you accept a booking request, or receive a booking confirmation through the Haymaker Platform, you are entering into a contract directly with the Guest, and are responsible for delivering your Host Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like Haymaker’s service fee (and applicable taxes) for each booking. Haymaker Payments will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms, policies or conditions that you include in any supplemental contract with Guests must: (i) be consistent with these Terms, our Policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.

Independence of Hosts. Your relationship with Haymaker is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Haymaker, except that Haymaker Payments acts as a payment collection agent as described in the Payments Terms. Haymaker does not direct or control your Host Service, and you agree that you have complete discretion whether and when to provide Host Services, and at what price and on what terms to offer them.

Creating and Managing Your Listing. The Haymaker Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Host Service, your price, location, cancelation period and space descriptions, other charges like cleaning fees and security deposits must be included in the hourly rate. You must also include any rules or requirements that apply to your Guests or Listing in your space description. You are responsible for keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Host Services and suggest you carefully review policy terms and conditions including coverage details and exclusions. You may only maintain one Listing per Accommodation, but may have multiple spaces for a single property.

Selecting your Cancellation Period. As a Haymaker host, you must select a cancellation period from four available options:

• 30 Day Period: Guests will receive no refund if booking is canceled within 30 days of the beginning of the reservation. Guest will receive full refund if booking is canceled prior to 30 days of the beginning of the reservation.
• 7 Day Period: Guests will receive no refund if booking is canceled within 7 days of the beginning of the reservation. Guest will receive full refund if booking is canceled prior to 7 days of the beginning of the reservation.
• 48 Hour Period: Guests will receive no refund if booking is canceled within 48 Hours of the beginning of the reservation. Guest will receive full refund if booking is canceled prior to 48 Hours of the beginning of the reservation.
• 24 Hour Period: Guests will receive no refund if booking is canceled within 24 Hours of the beginning of the reservation. Guest will receive full refund if booking is canceled prior to 24 Hours of the beginning of the reservation.

Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Host Services. For example: Some landlords and leases, or homeowner and condominium association rules, restrict or prohibit subletting, short-term rentals and/or longer-term stays. Some cities have zoning or other laws that restrict the short-term rental of residential properties. Some jurisdictions require Hosts to register, get a permit, or obtain a license before providing certain Host Services (such as short-term rentals, longer-term stays, preparing food, serving alcohol for sale, guiding tours, or operating a vehicle). In some places, the Host Services you want to offer may be prohibited altogether. Some jurisdictions require that you register Guests who stay at your Accommodation. Some jurisdictions have laws that create tenancy rights for Guests and additional obligations for Hosts. Check your local rules to learn what rules apply to the Host Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and these Terms, including our Host Privacy Standards. If you have questions about how local laws apply you should always seek legal advice.

Informing guests about security devices.  There’s a balance between keeping your space safe and secure, and your guest’s privacy. Here’s what you need to know:

• Intentionally concealed recording devices (such as hidden security cameras) are never permitted
• Haymaker prohibits security cameras or recording devices that are in or that observe private spaces like bedrooms, bathrooms, or sleeping areas
• You must indicate to your guests the presence of all security cameras or other recording devices in or around a listing, even if they’re not turned on or hooked up
• Undisclosed security cameras or other recording devices are never permitted
• You must also always disclose if an active recording is taking place

Search Ranking. The ranking of Listings in search results on the Haymaker Platform depends on a variety of factors, including these main parameters:

• Guest search parameters (e.g. number of Guests, time and duration of the desired lease, price range),
• Listing characteristics (e.g. price, calendar availability, number and quality of images, Reviews, type of Host Service, Host status, age of the Listing, Location and Space descriptions, average Guest popularity),Guest booking experience (e.g. customer service and ease of booking),
• Host requirements (e.g. minimum or maximum nights, booking cut-off time), and
• Guest preferences (e.g. previous reservations, saved Listings, location from where the Guest is searching).
• Search results may appear different on our mobile application than they appear on our website.
• Haymaker may allow Hosts to promote their Listings in search or elsewhere on the Haymaker Platform by paying an additional fee.

Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services. You are responsible for setting your price and establishing rules and requirements for your Listing including:

• Hours of Availability
• Space Description
• Cancelation without Penalty Period
• House Rules
• Amenities
• Property Type
• Address
• Hourly Rate
• Photos
• Parking Options

You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the Haymaker Platform except those expressly authorized by our Off-Platform Policy. Do not encourage Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Haymaker Platform in violation of our Off-Platform Policy in the Haymaker Terms of Use.

Hosting as a Team or Organization. If you work with a co-host or host as part of a team, business, or other organization, the entity and each individual who participates in providing Host Services is responsible and liable as a Host under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. Haymaker will not be responsible for transferring any portion of your payout to a co-host or other Hosts, or to send payments to someone other than to the payment account associated to the property.

Your Assumption of Risk. You acknowledge that hosting carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Haymaker Platform, offering Host Services, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the Haymaker Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Host Services and that you are not relying upon any statement of law made by Haymaker.

Booking Modifications. Hosts and Guests are responsible for any Booking Modifications they agree to make via the Haymaker Platform or direct Haymaker customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.

Host Taxes. As a host, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income, or other taxes (“Taxes”).

Agreements Between Guests and Hosts
By completing a reservation for a Space via the Service, each Guest acknowledges and agrees that it is entering into an agreement directly with the applicable Host, the terms of which are located at  https://haymakerspace.com/terms-policies/terms-of-use/ and which include any and all additional terms, conditions and policies provided by the Host relating to the use of such Space, including building security procedures, IT access and use procedures, maximum occupancy limitations and other terms or procedures provided by the Host.
The following terms in the Reservation Agreement shall be defined for the applicable reservation in accordance with the Registration Data and Profile for the applicable Space, Guest and Host.

Reservations:
• the “Reservation Time” shall mean the date and time the reservation is booked through the Service;
• the “Host” shall mean the Host and the Host’s email and address shall have the values set by the Host in the Host’s Profile as of the Agreement Time;
• the “Guest” shall mean the Guest and the Guest’s email and address shall have the values set by the Guest in the Guest’s Profile as of the Agreement Time;
• the “Space” shall be the Space the Guest reserves by booking a reservation through the Service;
• the “Term” shall be the term of the reservation specified by the Guest and authorized by the Host;
• the “Fees” shall be the Fees set by the Host for the Space including the “Hourly Charge” as set by the Host in the Profile for the Space as of the Agreement Time;
• the “Taxes” shall be the taxes set by the Haymaker application based on the space location and collected by Haymaker Space on the Host’s behalf.

While Haymaker is not a party to the Reservation Agreement between a Guest and a Host, a Guest’s use of the Service is dependent upon such Guest’s compliance with the Reservation Agreement. In the event of any conflict between the terms and conditions of the House Rules and the Hourly Reservation Agreement or the Monthly Reservation Agreement, as applicable, the terms set forth in the House Rules shall control. Any acknowledgement and acceptance of the Reservation Agreement, as well as of any applicable House Rules, by a Guest as a part of completing a reservation establishes an agreement directly between the Guest and the applicable Host. The Hosts, not Haymaker Space, are solely responsible for honoring any confirmed bookings and making available any Spaces reserved through the Service. Guests, and not Haymaker Space, will be responsible for complying with the applicable Reservation Agreement and performing their obligations under any such agreements. Haymaker Space is not a party to those agreements, and Haymaker Space disclaims all liability arising from or related to any such agreements. Haymaker Space does not act as an insurer or as a Guest’s or Host’s real estate broker.

Haymaker may, but has no obligation, to monitor disputes between you and any other Users relating to the Service. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HAYMAKER SPACE IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR TRANSACTIONS, COMMUNICATIONS AND INTERACTIONS WITH ANY OTHER USERS, INCLUDING ANY RESERVATION AGREEMENTS THAT ARE ENTERED INTO. HAYMAKER SPACE DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS BY HOSTS OR IN ANY COLLECTIONS , OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY SPACES.