PAYMENT TERMS
1. Your use of the Payment Services
1.1 Partyclub Payment Services. By using the Payments Services, you agree to comply with these Payment Terms. Partyclub Payments may temporarily limit or suspend your access to or use of the Payment Services, or its features, to carry out maintenance measures that ensure the proper functioning of the Payment Services.
1.2 Third Party Services. The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms of service and privacy policies, and Members should review them. Partyclub Payments is not responsible or liable for the use of such Third-Party Services. Links to any Third-Party Services are not an endorsement by Partyclub Payments of those Third-Party Services.
1.3 Your Partyclub Account. Partyclub Payments may enable features that allow you to authorize other Members or third parties to take certain actions that affect your Partyclub account. You may authorize a third party to use your Partyclub account if the feature is enabled for your Partyclub account. You acknowledge and agree that anyone you authorize to use your Partyclub account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.
1.4 Identification and Verification. You authorize Partyclub Payments, directly or through third parties, to make any inquiries we consider necessary to verify your identity and information you provide, and if applicable, verifying the identity of the representative(s) and beneficial owner(s). This may include (i) screening you and, if applicable, your representative(s) and beneficial owner(s) against third-party databases or other sources, (ii) requesting reports from service providers, (iii) asking you and, if applicable, your representative(s) and beneficial owner(s) to provide a form of government identification (e.g., driver’s license or passport), to check your name, place and date of birth, your address, nationality and/or other information which we deem necessary under applicable laws; or (iv) requiring you to take steps to confirm ownership of your email address, Payment Method(s) or Payout Method(s). Partyclub Payments reserves the right to terminate, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
1.5 Additional Terms. 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 to a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.
2. Guest Terms
2.1 Adding a Payment Method. When you add a Payment Method to your Partyclub account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to Partyclub Payments or its third-party payment processor(s). You authorize Partyclub Payments and its payment processor(s) to collect and store your Payment Method information in accordance with Partyclub's privacy policy.
2.2 Payment Method Verification. When you add or use a new Payment Method, Partyclub Payments may verify the Payment Method by (i) authorizing your Payment Method for one or two nominal amounts via a payment service provider, and asking you to confirm those amounts, or (ii) requiring you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payment Method. When you add a Payment Method during checkout, we will automatically save and add that Payment Method to your Partyclub account so it can be used for a future transaction. You may not remove the Payment Method associated with a reservation, during the period commencing from the date of your booking and ending fourteen (14) days following your check-out date, nor during any additional period of time needed to resolve any outstanding Damage Claim associated with such booking.
2.3 Payment Authorization. You allow Partyclub Payments to charge your Payment Method (including charging more than one Payment Method), either directly or indirectly, for all fees and other amounts due (including any applicable taxes) in connection with your Partyclub account, including Damage Claim amounts in accordance with the terms
2.4 Automatic Update of Payment Method. If your Payment Method information changes (e.g., account or card number, routing number, expiration date or CVV or CVC number) as a result of re-issuance or otherwise, we may acquire that information from our financial services partners or your bank and automatically update your Payment Method on file.
2.5 Timing of Payment. Partyclub Payments generally charges the Total Price due after the Host accepts your booking request. However, if you pay with a push Payment Method (such as Sofort), Partyclub Payments will collect the Total Price due at the time of your booking request or after the Host accepts your booking request. Partyclub may offer alternative options for the timing and manner of payment. Any additional fees for using those alternative payment options will be displayed via the Partyclub Platform and included in the Total Price, 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 Partyclub Payments is unable to collect the Total Price due, as scheduled, Partyclub Payments will collect the Total Price due at a later point. Once the payment for your requested booking is successfully completed, you will receive a confirmation email.
2.6 Currency.
2.6.1 The currencies available to make payments may be limited for regulatory or operational reasons based on factors such as your selected Payment Method, your country of residence and/or your Partyclub Payments contracting entity(ies). Any such limitations will be communicated via the Partyclub Platform, and you will be prompted to select a different currency or Payment Method if your preferred currency is not available.
2.7 Booking Request Status. If a requested booking is declined because it is not accepted by the Host, you cancel the booking request before it is accepted by the Host, or Partyclub cancels the booking, any amounts collected by Partyclub Payments and due to you pursuant to the policies, will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable) .
2.8 Payment Restrictions. Partyclub Payments reserves the right to decline or limit payments that we believe (i) may violate Partyclub Payments’ risk management policies or procedures, (ii) may violate these Payments Terms, (iii) are unauthorized, fraudulent or illegal; or (iv) expose you, Partyclub, Partyclub Payments, or others to risks unacceptable to Partyclub Payments.
2.9 Payment Service Providers. Payment Methods may involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing payments in connection with the Payment Services, and Partyclub Payments is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method may also be subject to additional terms of use. Please review them before using your Payment Method.
2.10 Your Payment Method, Your Responsibility. Partyclub Payments is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you. Partyclub Payments does not provide any regulated Payment Services to you.
2.11 Different Ways to Pay
2.11.1 Pay Part Now, Part Later
2.11.1.1 Partyclub may make available to Guests the option to pay a portion of the booking’s Total Price at the time of booking and pay the remainder of the Total Price at a later time prior to check-in (“Pay Part Now, Part Later”). Availability of this option may depend on the Listing and/or Payment Method.
2.11.1.2 If you choose Pay Part Now, Part Later, the Partyclub Platform will notify you during checkout of the amount, currency and schedule of each payment due. On the following payments due date, Partyclub Payments will automatically charge the original Payment Method you used to make the booking.
2.11.1.3 If you make a modification to a booking made with Pay Part Now, Part Later, Partyclub will notify you of the revised payment schedule, as applicable, and Partyclub Payments will automatically charge the original Payment Method you used to make the booking on the revised payment due dates. If the modification increases your Total Price, you may be required to make an additional partial payment of the new Total Price at the time of the modification.
2.11.1.4 You agree that by selecting Pay Part Now, Part Later, you may not be able to pay for the booking with a different Payment Method or pursuant to a different payment schedule.
3. Host Terms
3.1 Payment Collection. Partyclub Payments generally collects the Total Price of a booking at the time the Guest’s booking request is accepted by the Host, unless noted otherwise.
3.2 Valid Payout Method.
3.2.1 In order to receive a Payout you must have a valid Payout Method linked to your Partyclub account. When you add a Payout Method to your Partyclub account, you will be asked to provide information such as name, billing address, and financial instrument information either to Partyclub Payments or its third-party payment processor(s). Depending on the Payout Method selected additional information may be required, such as: residential address, name on the account, account type, routing number, account number, email address, payout currency, identification number and account information associated with a particular payment processor. Providing requested information is required for a Payout Method to be valid. The information Partyclub Payments requires for a valid Payout Method may change, and Partyclub Payments may request additional information at any time; failing to provide requested information may result in Partyclub Payments temporarily placing a hold, suspending, or canceling any Payout until the information is provided and, if necessary, validated.
3.2.2 You authorize Partyclub Payments to collect and store your Payout Method information in accordance with Partyclub's Privacy Policy. Partyclub Payments may also share your information with governmental authorities as required by applicable law.
3.3 Timing of Payout
3.3.1 Subject to and conditional upon successful receipt of the associated payments from Guest, Partyclub Payments will generally initiate Payouts to your selected Payout Method on the last day of every month.
3.3.2 Partyclub Payments may offer you a different Payout time or trigger for payment via the Partyclub Platform. The time it takes to receive Payouts once released by Partyclub Payments may depend upon the Payout Method you select.
3.4 Payout. Your Payout for a booking will be the Total Price less applicable fees like Partyclub service fees and applicable taxes, and any amounts you agree to allocate to any co-host, or the owner(s) of an Accommodation, a homeowners’ association, and/or their agent (such as a building operator or property management company). In the event of cancellation of a confirmed booking, Partyclub Payments will remit the amount you are due (if any) as provided in the terms and applicable cancellation policy.
3.5 Payout Restrictions. Partyclub Payments may temporarily place a hold, suspend, or cancel any Payout for the purposes of preventing unlawful activity or fraud, risk assessment, security, or completing an investigation; or if we are unable to verify your identity or where applicable the identity of your representative(s) or beneficial owner(s), or to obtain or verify requested information. Furthermore, Partyclub Payments may temporarily place a hold on, suspend, or delay initiating or processing any Payout due to you under the Terms as a result of high volume booking cancellations or modifications arising from a Force Majeure Event (as defined below).
3.6 Payout Currency. Partyclub Payments will remit your Payouts in the currency you select via the Partyclub Platform. The currencies available may be limited for regulatory or operational reasons based on factors such as your selected Payout Method, your country of residence, and/or your Partyclub contracting entity(ies). Any such limitations will be communicated via the Partyclub Platform, and you will be prompted to select a different currency or Payout Method. Note that payment service providers may impose transaction, currency conversion or other fees based on the currency or Payout Method you select, and Partyclub Payments is not responsible for any such fees and disclaims all liability in this regard.
3.7 Limits on Payouts. For compliance or operational reasons, Partyclub Payments may limit the amount of a Payout. If you are due an amount above that limit, Partyclub Payments may make a series of Payouts (potentially over multiple days) in order to provide your full Payout amount.
3.8 Payment Service Providers. Payout Methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and Partyclub Payments is not responsible for any such fees and disclaims all liability in this regard. Your Payout Method may also be subject to additional terms of use from such third-party payment service providers. Please review them before using your Payout Method.
3.9 Your Payout Method, Your Responsibility. Partyclub Payments is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you.
4. Appointment of Partyclub Payments as Limited Payment Collection Agent
4.1 Each Host, including each Host Team member, hereby appoints Partyclub Payments as the Host’s payment collection agent solely for the limited purpose of accepting and processing funds from Guests purchasing Host Services on the Host’s behalf.
4.2 Each Host, including each Host Team member, agrees that payment made by a Guest through Partyclub Payments, shall be considered the same as a payment made directly to the Host, and the Host will provide the Host Service booked by the Guest in the agreed-upon manner as if the Host has received the payment directly from the Guest. Each Host agrees that Partyclub Payments may refund the Guest in accordance with the terms. Each Host understands that Partyclub Payments’ obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guest. Partyclub Payments guarantees payments to Host(s) only for such amounts that have been successfully received by Partyclub Payments from Guests, subject to and in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Host, Partyclub Payments is not responsible for, and will not be liable for, any acts or omissions of the Host. Subject to Partyclub Payments will remain liable for any acts caused by its own negligence and for its breaches of your rights as a consumer under applicable law.
4.3 Each Guest acknowledges and agrees that, notwithstanding the fact that Partyclub Payments is not a party to the agreement between you and the Host(s), including each Host Team member, Partyclub Payments acts as each Host’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Host(s). Upon a Guest’s payment of the funds to Partyclub Payments, the Guest’s payment obligation to the Host(s) for the agreed upon amount is extinguished, and Partyclub Payments is responsible for remitting the funds successfully received by Partyclub Payments to the Host(s) in the manner described in these Payments Terms. In the event that Partyclub Payments does not remit any such amounts, the Host(s) will have recourse only against Partyclub Payments and not the Guest directly.
5. General Terms
5.1 Fees. Partyclub Payments may charge fees for use of certain Payment Services and any applicable fees will be disclosed to you in the terms or via the Partyclub Platform.
5.2 Payment Authorizations. You authorize Partyclub Payments to collect from you amounts due pursuant to these Payment Terms and/or the terms by either (i) charging the Payment Method associated with the relevant booking, or any other Payment Method on file that you authorize in your Partyclub account (unless you have previously removed the authorization to charge such Payment Method(s)), or (ii) by withholding the amount from your future Payout. Specifically, you authorize Partyclub Payments to collect from you:
· Any amount due to Partyclub or Partyclub Payments (e.g., as a result of your bookings, Booking Modifications, cancellations, or other actions as a Guest, Host or user of the Partyclub Platform), including reimbursement for costs prepaid by Partyclub or Partyclub Payments on your behalf. Any funds collected by Partyclub Payments will set off the amount owed by you to Partyclub or Partyclub Payments and extinguish your obligation to Partyclub or Partyclub Payments.
· Any amount due to a Host from a Guest which Partyclub collects as the Host’s payment collection agent as further set out in Section 4 above.
· Taxes, where applicable and as set out in the terms
· Any amount you pay through the Resolution Center in connection with your Partyclub account.
· Any Damage Claim amounts owed to Partyclub or Partyclub Payments in accordance with the terms and Section 6.
· Overstay penalties payable under the terms, including any cost and expenses incurred in collecting the overstay penalty.
· Any service fees or cancellation fees imposed pursuant to the terms (e.g., if, as a Host, you cancel a confirmed booking).
If you owe an amount at any time after a booking, such as with Payment Plan or Recurring Payment charges, Booking Modifications, Resolution Center payments or Damage Claims (“Additional Amounts”), you hereby authorize and grant Partyclub Payments a mandate to collect payments for such Additional Amounts by charging your Payment Method associated with the relevant booking without any further action on your part.
