Spanish Version / Versión en Español : https://ubiwork.co/terminos-y-condiciones/
These Terms of Service for Users (“Terms”) are a binding legal agreement between you and UbiWork that govern your use of the websites, platforms, and other offerings from UbiWork (collectively, the “UbiWork Platform”). When used in these Terms, “UbiWork,” “we,” “us,” or “our” refers to the UbiWork entity set out on Schedule 1 with whom you are contracting.
UbiWork offers an online platform that enables users (“Members”) to publish, offer, search for, apply for and book services as well as review and approve applications. Members who publish and offer services are “Hosts”, Members who search for, book, or use services are “Ubiworkers” and Members who are involved in the booking process of the Ubiworkers due to their corporate affiliation with the same company as the Ubiworker are called “Enablers”. To “ubiwork” denotes the practice of work while the Ubiworker stays in an accommodation booked through the UbiWork platform. Ubiworkers who are currently Hosts offer accommodations (“Accommodations”), and a variety of travel and other services (collectively, “Host Services,” and each Host Service offering, a “Listing”). You must register an account to access and use many features of the UbiWork Platform and must keep your account information accurate. As the provider of the UbiWork Platform, UbiWork does not own, control, offer or manage any Listings or Host Services. UbiWork is not a party to the contracts concluded directly between Hosts and Ubiworkers, nor is UbiWork a real estate broker, insurer or an organiser or retailer of travel packages under Directive (EU) 2015/2302. UbiWork is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms of Service (“Payment Terms”). To learn more about UbiWork’s role see Section 16.
If you Host, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Host Services.
Table of Contents
- Our Mission.
- Searching and Booking on UbiWork
- Cancellations, Travel Issues, Refunds and Booking Modifications
- Your Responsibilities
- Hosting on UbiWork
- Managing Your Listing
- Cancellations, Travel Issues, and Booking Modifications
- UbiWork Platform Rules
- Termination, Suspension and other Measures
- Modification of these Terms
- Resolving Complaints and Damage Claims
- UbiWork’s Role
- Member Accounts
- Applicable law and Jurisdiction
- Business Users
- Termination, Suspension and other Measures
- Complaints Handling and Mediation
- Access to Data
- Our Mission.
Our vision is to create a world where you can work from any location you like for a short period of time. From Spanish beaches to the Austrian Alps, browse through hundreds of Listings to find the ones that fit the way you like to ubiwork. Learn more about a Listing by reviewing the description and photos, the Host profile, and past Ubiworker reviews. If you have questions, just message the Host.
- Searching and Booking on UbiWork.
2.1 Searching. You can search for Host Services by using criteria like the type of Host Service, travel destination, travel dates, and number of Ubiworkers. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, equipment, reviews, customer service and cancellation history, popularity, previous trips and saved listings, host requirements (e.g. minimum or maximum nights), and more.
2.2 Booking. When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees like UbiWork’s service fee, offline fees, taxes and any other items identified during checkout (collectively, “Total Price”). You are also agreeing that UbiWork Payments may charge and collect any security deposit identified during checkout. When you receive the booking confirmation, a contract for Host Services (sometimes called a reservation in these Terms) is formed directly between you and the Host. The cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout form part of your contract with the Host. Be aware that some Hosts work with a co-host or as part of a team to provide their Host Services.
2.3 Accommodation Reservations. An Accommodation reservation is a limited license to enter, occupy and use the Accommodation. The Host retains the right to re-enter the Accommodation during your stay, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the Host, and (iii) consistent with applicable law. If you stay past checkout, the Host has the right to make you leave in a manner consistent with applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of allowed Ubiworkers.
- Cancellations, Travel Issues, Refunds and Booking Modifications.
3.1 Cancellations, Travel Issues, and Refunds. In general, if you cancel a reservation, the amount refunded to you is determined by the cancellation policy that applies to that reservation. But, in certain situations, other policies take precedence and determine what amount is refunded to you. If something outside your control requires you to cancel a reservation, you may be entitled to a partial or full refund under our Extenuating Circumstances Policy. If the Host cancels, or you experience a Travel Issue (as defined in our Refund Policy), you may be entitled to rebooking assistance or a partial or full refund under our Refund Policy. See each Policy for details about what is covered, and what refund applies in each situation. You may appeal a decision by UbiWork by contacting our customer service at firstname.lastname@example.org.
3.2 Booking Modifications. Hosts and Ubiworkers are responsible for any booking modifications they agree to make via the UbiWork Platform or direct UbiWork customer service to make on their behalf (“Booking Modifications”), and agree to pay any additional amounts, fees or taxes associated with any Booking Modification.
- Your Responsibilities.
You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Accommodation. For example, this means: (i) you are responsible for leaving an Accommodation (and related personal property) in the condition it was in when you arrived, and (ii) you must act with integrity, treat others with respect and comply with applicable laws at all times. If you are booking for an additional Ubiworker who is a minor or if you bring a minor to a Host Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
- Hosting on UbiWork.
5.1 Host. As a Host, UbiWork offers you the opportunity to share your Accommodation or other Host Service with our vibrant community of Ubiworkers – and earn money doing it. It’s easy to create a Listing and you are in control of how you host – set your price, availability, and rules for each Listing.
5.2 Contracting with Ubiworkers. When you accept a booking request, or receive a booking confirmation through the UbiWork Platform, you are entering into a contract directly with the Ubiworker and are responsible for delivering the Host Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like UbiWork’s service fee (and applicable taxes) for each booking. UbiWork Payments will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms or conditions that you include in any supplement contract with Ubiworkers 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.
5.3 Independence of Hosts. Your relationship with UbiWork is that of an independent individual or entity and not an employee, agent, joint venturer or partner of UbiWork, except that UbiWork acts as a payment collection agent as described in the Payments Terms. UbiWork does not direct or control your Host Service and you understand that you have complete discretion whether and when to provide Host Services.
5.4 UbiWork Certificate. One of the most important objectives of the UbiWork platform is to enable Ubiworkers to work remotely in the respective accommodations of the hosts. For this reason, all hosts are required to equip their currently listed accommodations according to the minimum standards described in the UbiWork Certificate. By signing the UbiWork Certificate, the Hosts warrants that the accommodation fully and unconditionally complies with all requirements listed in the UbiWork Certificate specific to the accommodation no later than one day prior to the start of the Ubiworker’s stay in their accommodation. Among other things, the speed of the Internet and furnishings that are important for a Ubiworker are part of the minimum standards. Bookings of an accommodation are possible only after the host has signed the corresponding UbiWork Certificate. If at any time outside of an Ubiworker’s stay, the accommodation ceases to meet the minimum standards, the host has until one day before the next Ubiworker’s stay begins in the accommodation to meet the minimum standards again. If the accommodation fails to provide the requirements listed in the specific UbiWork certificate within the mentioned time during the stay of the Ubiworker, the Ubiworker has the right to claim a partial refund of the agreed price for the stay. Further details are to be seen within the specific UbiWork Certificate of the accommodation.
- Managing Your Listing.
6.1 Creating and Managing Your Listing. The UbiWork 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, other charges like cleaning fees, resort fees, security deposits, offline fees, and any rules or requirements that apply to your Ubiworkers or Listing. You are responsible for your acts and omissions as well as 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 like coverage details and exclusions. You may only maintain one Listing per accommodation but may have multiple Listings for a single property if it has multiple places to stay.
6.2 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 Ubiworkers who stay at your Accommodation. Some jurisdictions have laws that create tenancy rights for Ubiworkers and additional obligations for Hosts. For example, some places have landlord-tenant, rent control, and eviction laws that may apply to longer stays. 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 Ubiworkers 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.
6.3 Search Ranking. The ranking of Listings in search results on the UbiWork Platform depends on a variety of factors, including these main parameters:
o Ubiworker search parameters (e.g. number of Ubiworkers, time and duration of the trip, price range),
o Listing characteristics (e.g. price, calendar availability, equipment, number and quality of images, Reviews, type of Host Service, host status, age of the Listing, average Ubiworker popularity),
o Ubiworker booking experience (e.g. customer service and cancellation history of the Host, ease of booking),
o Host requirements (e.g. minimum or maximum nights, booking cut-off time), and o Ubiworker preferences (e.g. previous trips, saved Listings, location from where the Ubiworker is searching).
Search results may appear different on our mobile application than they appear on our website. UbiWork may allow Hosts to promote their Listings in search or elsewhere on the UbiWork Platform by paying an additional fee. More information about the factors that determine how your Listing appears in search results, our current promotional programs (if any) and how we identify promoted Content can be found in our Help Center.
6.4 Your Responsibilities. You are responsible 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. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the UbiWork Platform except those expressly authorized by our Offline Fee Policy. Do not encourage Ubiworkers to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the UbiWork Platform in violation of our Off-Platform Policy.
6.5 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. If you instruct UbiWork to transfer a portion of your payout to a co-host or other Hosts, or send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.
- Cancellations, Travel Issues, and Booking Modifications.
7.1 Cancellations and Travel Issues. In general, if a Ubiworker cancels a reservation, the amount paid to you is determined by the cancellation policy that applies to that reservation. As a host, you should not cancel on a Ubiworker without a valid reason under our Extenuating Circumstances Policy or applicable law. If you cancel on a Ubiworker without such a valid reason, we may impose a cancellation fee and other consequences. If: (i) a Ubiworker experiences a Travel Issue (as defined by the Refund Policy), (ii) an Extenuating Circumstance arises, or (iii) a reservation is cancelled under Section 13 of these Terms, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Ubiworker, and by any other reasonable costs we incur as a result of the cancellation. If a Ubiworker receives a refund after you have already been paid, or the amount of the refund and other costs incurred by UbiWork exceeds your payout, UbiWork (via UbiWork Payments) may recover that amount from you, including by offsetting the refund against your future payouts. You agree that UbiWork’s Refund Policy, Extenuating Circumstances Policy, and these Terms preempt the cancellation policy you set in situations where they allow for the cancellation of a reservation and/or the issuance of refunds to Ubiworkers. If we reasonably expect to provide a refund to a Ubiworker under one of these policies, we may delay release of any payout for that reservation until a refund decision is made. You may appeal a decision by UbiWork by contacting our customer service.
7.2 Booking Modifications. Hosts and Ubiworkers are responsible for any Booking Modifications they agree to make via the UbiWork Platform or direct UbiWork customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.
8.1 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”).
8.2 Collection and Remittance by UbiWork. In jurisdictions where UbiWork facilitates the collection and/or remittance of Taxes on behalf of Hosts, you instruct and authorize UbiWork to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by UbiWork are identified to Members on their transaction records, as applicable. UbiWork may seek additional amounts from Members (including by deducting such amounts from future payouts) in the event that the Taxes collected and/or remitted are insufficient to fully discharge that Members’ tax obligations, and you agree that your sole remedy for Taxes collected by UbiWork is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason.
8.3 Tax Information. In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that UbiWork may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Host Services to facilitate accurate tax reporting by our Ubiworkers and their organizations.
After each Host Service, Ubiworkers and Hosts will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our Content Policy or Review Policy. Reviews are not verified by UbiWork for accuracy and may be incorrect or misleading.
UbiWork may charge fees (and applicable Taxes) to Hosts and Ubiworkers for use of the UbiWork Platform. More information about when service fees apply and how they are calculated can be found on our Service Fees page or within our Payment terms. Except as otherwise provided on the UbiWork Platform, service fees are non-refundable. UbiWork reserves the right to change the service fees at any time and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 13.2.
- UbiWork Platform Rules.
12.1 Rules. You must follow these rules and must not help or induce others to break or circumvent these rules.
o Act with integrity and treat others with respect
o Do not lie, misrepresent something or someone, or pretend to be someone else. o Be polite and respectful when you communicate or interact with others. o Do not discriminate against or harass others.
o Do not scrape, hack, reverse engineer, compromise or impair the UbiWork Platform o Do not use bots, crawlers, scrapers or other automated means to access or collect data or other content from or otherwise interact with the UbiWork Platform.
o Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the UbiWork Platform or Content.
o Do not decipher, decompile, disassemble or reverse engineer any of the software or hardware used to provide the UbiWork Platform.
o Do not take any action that could damage or adversely affect the performance or proper functioning of the UbiWork Platform.
o Only use the UbiWork Platform as authorized by these Terms or another agreement with us o You may only use another Member’s personal information as necessary to facilitate a transaction using the UbiWork Platform as authorized by these Terms.
o Do not use the UbiWork Platform, our messaging tools, or Members’ personal information to send commercial messages without their express consent.
o You may use Content made available through the UbiWork Platform solely as necessary to enable your use of the UbiWork Platform as a Ubiworker or Host.
o Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.
o Do not request, make or accept a booking or any payment outside of the UbiWork Platform to avoid paying fees, taxes or for any other reason.
o Do not require or encourage Ubiworkers to open an account, leave a review, or otherwise interact, with a third party website, application or service before, during or after a reservation, unless authorized by UbiWork.
o Do not engage in any practices that are intended to manipulate our search algorithm. o Do not book Host Services unless you are actually using the Host Services. o Do not use, copy, display, mirror or frame the UbiWork Platform, any Content, any UbiWork branding, or any page layout or design without our consent.
o Honor your legal obligations
o Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
o Read and follow our Terms, Policies and Standards.
o Do not organize or facilitate unauthorized parties or events. You are responsible and liable for any party or event during your reservation that violates our rules for parties and events, as incorporated by reference herein.
o Do not use the name, logo, branding, or trademarks of UbiWork or others without permission.
o Do not use or register any domain name, social media handle, trade name, trademark, branding, logo or other source identifier that may be confused with UbiWork branding. o Do not offer Host Services that violate the laws or agreements that apply to you. o Do not offer or solicit prostitution or participate in or facilitate human trafficking.
12.2 Reporting Violations. If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting UbiWork. In addition, if you believe that a Member, Listing or Content has violated our Standards, you should report your concerns to UbiWork. If you reported an issue to local authorities, UbiWork may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report.
12.3 Copyright Notifications. If you believe that Content on the UbiWork Platform infringes copyrights, please notify us in accordance with our Copyright Policy.
- Termination, Suspension and other Measures.
13.1 Term. The agreement between you and UbiWork reflected by these Terms remains in effect until either you or we terminate the agreement in accordance with these Terms.
13.2 Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. UbiWork may terminate this agreement for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. UbiWork may also terminate this agreement immediately and without prior notice and stop providing access to the UbiWork Platform if (i) you materially breach these Terms or our Policies, (ii) you violate applicable laws, or (iii) such action is necessary to protect the personal safety or property of UbiWork, its Members, or third parties (for example in the case of fraudulent behavior of a Member), or (iv) your account has been inactive for more than two years.
13.3 Member Violations. If (i) you breach these Terms, our Policies, or our Standards, (ii) you violate applicable laws, regulations or third party rights, (iii) you have repeatedly received poor Reviews or UbiWork otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) such action is necessary to protect the personal safety or property of UbiWork, its Members, or third parties, UbiWork may:
o suspend or limit your access to or use of the UbiWork Platform and/or your account; o suspend or remove Listings, Reviews, or other Content;
o cancel pending or confirmed bookings; or
o suspend or revoke any special status associated with your account.
In case of non-material violations or where otherwise appropriate, you will be given notice of any intended measure by UbiWork and an opportunity to resolve the issue, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws.
13.4 Legal Mandates. UbiWork may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, including the measures described above in Section 13.3.
13.5 Effect of Termination. If you are a Host and terminate your UbiWork account, any confirmed booking(s) will be automatically cancelled and your Ubiworkers will receive a full refund. If you terminate your account as a Ubiworker, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the UbiWork Platform has been limited, or your UbiWork account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the UbiWork Platform through an account of another Member.
13.6 Appeal. If UbiWork takes any of the measures described in this Section 13 you may appeal such a decision by contacting our customer service at email@example.com.
- Modification of these Terms.
UbiWork may modify these Terms at any time. When we make changes to these Terms, we will post the revised Terms on the UbiWork Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the proposed changes by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the UbiWork Platform will constitute acceptance of the revised Terms.
- Resolving Complaints and Damage Claims.
If a Member provides evidence that another Member has culpably damaged their real or personal property (“Damage Claim”), the complaining Member can seek compensation through the Resolution Center. If the complaining Member escalates a Damage Claim to UbiWork, the other Member will be given an opportunity to respond. If the responding Member agrees to pay, or UbiWork determines under consideration of any applicable statutory rules on the burden of proof that they are responsible for the Damage Claim, UbiWork via UbiWork Payments can collect any sums required to cover the Damage Claim from the responding Member and/or against any security deposit. UbiWork may also pursue against you any remedies it may have available under applicable law. You agree to cooperate in good faith, provide any information UbiWork requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of Host Services. You may appeal a decision by UbiWork by contacting our customer service. Any decisions made by UbiWork in relation to a Damage Claim do not affect your contractual and statutory rights. Your right to take legal action before a court of law remains unaffected.
- UbiWork’s Role.
We offer a platform that enables Members to publish, offer, search for, and book Host Services. When Members make or accept a booking, they are entering into a contract directly with each other. UbiWork is not and does not become a party to or other participant in any contractual relationship between Members. UbiWork is not acting as an agent for any Member except for where UbiWork Payments acts as a collection agent as provided in the Payments Terms. While we work hard to ensure our Members have great experiences using UbiWork, we do not and cannot control the conduct or performance of Ubiworkers and Hosts and do not guarantee (i) the safety or legality of any Listings or Host Services or (ii) the truth or accuracy of any Reviews, or other Content provided by Members. You acknowledge that UbiWork has no general obligation to monitor the use of the UbiWork Platform and verify information provided by our Members, but has the right to review, disable access to, remove, or edit Content to: (i) operate, secure and improve the UbiWork Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Member Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Where we remove or disable Content, we will notify a Member and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws. You may appeal such a decision by contacting our customer service. Members agree to cooperate with and assist UbiWork in good faith, and to provide UbiWork with such information and take such actions as may be reasonably requested by UbiWork with respect to any investigation undertaken by UbiWork regarding the use or abuse of the UbiWork Platform.
- Member Accounts.
You must register an account to access and use many features of the UbiWork Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the UbiWork Platform under the laws of your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You must immediately notify UbiWork if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. You are responsible and liable for activities conducted through your UbiWork Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials). If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
We do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Ubiworker, Host, Host Service, Listing or third party and we do not warrant that verification, identity or background checks conducted on Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member being “verified” (or similar language) indicate only that the Member or UbiWork has completed a relevant verification or identification process and nothing else. We are not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the UbiWork Platform. UbiWork may, temporarily and under consideration of the Members’ legitimate interests (e.g. by providing prior notice), restrict the availability of the UbiWork Platform or certain features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the UbiWork Platform.
UbiWork 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. For any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents UbiWork’s liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of UbiWork in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract. Any additional liability of UbiWork is excluded.
To the maximum extent permitted by applicable law, you agree to release, defend (at UbiWork’s option), indemnify, and hold UbiWork (including UbiWork Payments, other affiliates, and their personnel) 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 Terms (including any supplemental or additional terms that apply to a product or feature) or our Policies or Standards, (ii) your improper use of the UbiWork Platform, (iii) your interaction with any Member, stay at an Accommodation or other Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights. The indemnification obligation only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.
- Applicable law and Jurisdiction.
These Terms are governed by and construed in accordance with Spanish law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of Spanish law. As a consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of UbiWork’s place of business in Spain. If UbiWork wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Spanish courts.
22.1 Other Terms Incorporated by Reference. Our Refund Policy, Content Policy, Extenuating Circumstances Policy, Policies, Standards and other supplemental policies and terms linked to in these Terms apply to your use of the UbiWork Platform, are incorporated by reference, and form part of your agreement with UbiWork.
22.2 Interpreting these Terms. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms constitute the entire agreement between UbiWork and you pertaining to your access to or use of the UbiWork Platform and supersede any and all prior oral or written understandings or agreements between UbiWork and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and UbiWork. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 24.11 below, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
22.3 No Waiver. UbiWork’s failure to enforce any right or provision in these 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 Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
22.4 Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without UbiWork’s prior written consent. UbiWork may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice. Your right to terminate this agreement at any time pursuant to Section 13.2 remains unaffected.
22.5 Notice. Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by UbiWork via email, UbiWork Platform notification or any other contact method we enable you to provide.
22.6 UbiWork Platform Content. Content made available through the UbiWork Platform may be protected by copyright, trademark, and/or other laws of Spain and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of UbiWork and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the UbiWork Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, UbiWork grants you a limited, non-exclusive, non-sublicensable, revocable, non-
transferable license to access and view the Content made available on or through the UbiWork Platform and accessible to you, solely for your personal and non-commercial use.
22.7 Force Majeure. UbiWork shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
22.8 Emails. You will receive administrative communications from us using the email address or other contact information you provide for your UbiWork account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have an UbiWork Account.
22.9 Contact Us. If you have any questions about these Terms please email us.
If you are a Business User as defined in Section 25 of these Terms, the following additional terms will apply to you:
- Business Users.
You are a “Business User” for the purposes of these Terms if (i) your place of residence or establishment is within the EEA or the United Kingdom, (ii) you fully meet the definition of a ‘business user’ outlined in Article 2 (1) of Regulation (EU) 2019/1150 on promoting fairness and transparency for business users of online intermediation services (“Platform to Business Regulation”), and (iii) you have notified UbiWork that you are a Business User by adding your business details to your UbiWork account. You are responsible for keeping your business details accurate and up to date.
- Termination, Suspension and other Measures.
In case we take any of the measures according to Section 13.2 and 13.3, you will be given the opportunity to clarify the facts and circumstances leading to such a measure in the framework of our internal complaint-handling process as described in Section 27.
- Complaints Handling and Mediation.
We want to be transparent about how we handle complaints and aim to treat all Business Users fairly. Our Help Center explains how you can access our internal complaint-handling system and what you can expect as a Business User when you make a complaint in relation to issues falling under the remit of Article 11 (1) of the Platform to Business Regulation. It also sets out the details of the mediation service that you can use in the event that such a complaint is not resolved.
- Access to Data.
Schedule 1 – Contracting Entities
European Economic Area, Switzerland or the United Kingdom
UbiWork S.L. (Calle Agustinas 8, 30005 Murcia (Spain)).
Payments Terms of Service
As a consumer you can access the European Commission’s online dispute resolution platform here: https://ec.europa.eu/consumers/odr. Please note that UbiWork is not committed or obliged to use an alternative dispute resolution entity to resolve disputes with consumers.
Last Updated: 26 November 2021
These Payments Terms of Service for European Users (“Payments Terms”) are a binding legal agreement between you and UbiWork that govern the Payment Services (defined below) conducted through or in connection with the UbiWork Platform. When these Payments Terms mention “UbiWork” “we,” “us,” or “our,” it refers to:
UbiWork S.L. (Calle Agustinas 8, 30005 Murcia (Spain)).
UbiWork provides payments services to Members publishing, offering and booking Accommodations or other Host Services, including other current and future services provided via the UbiWork Platform. These payment services may include (if available) the following (collectively, “Payment Services”):
Collecting payments from Ubiworkers (“Payin”), by charging the payment method associated with their UbiWork account, such as credit card, debit card, bank account or PayPal account (“Payment Method”);
Effecting payments to Hosts (“Payout”) to a financial instrument associated with their UbiWork account, such as a PayPal account, bank account, direct deposit, or a debit card (“Payout Method”);
Effecting payments to a third-party Payout Method designated by a Host;
Payment collection services; and
Other payment related services in connection with Host Services.
In order to use the Payment Services, you must be at least 18 years old, must have an UbiWork account in good standing in accordance with the UbiWork Terms of Service (“Terms”), and must keep your payment and personal information accurate and complete.
The Terms separately govern your use of the UbiWork Platform. If you see an undefined term in these Payment Terms, it has the same definition as in the Terms.
Table of Contents
- Your use of the Payment Services
- 2. Ubiworker Terms
- 3. Host Terms
- 4. Appointment of UbiWork as Limited Payment Collection Agent
- 5. General Terms
- 6. Damage Claims and Security Deposits
- 7. Abandoned Property
- 8. Prohibited Activities
- 9. Force Majeure
- 10. Disclaimers
- 11. Liability
- 13. Modification, Term, Termination, and other Measures
- 14. Miscellaneous
- 15. Additional Clauses for Users that are Businesses
- Your use of the Payment Services
1.1 UbiWork Payment Services. By using the Payments Services, you agree to comply with these Payment Terms. UbiWork 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. UbiWork may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time. UbiWork will provide notice to Members of any changes to the Payment Services, unless such changes do not materially increase the Members’ contractual obligations or decrease the Members’ rights under these Payments Terms.
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. UbiWork is not responsible or liable for the use of such Third-Party Services. Links to any Third-Party Services are not an endorsement by UbiWork of those Third-Party Services.
1.5 Verification. You authorize UbiWork, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include (i) screening you against third-party databases or other sources, (ii) requesting reports from service providers, (iii) 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; or (iv) requiring you to take steps to confirm ownership of your email address, Payment Method(s) or Payout Method(s). UbiWork 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.
1.6 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.
- Ubiworker Terms
2.1 Adding a Payment Method. When you add a Payment Method to your UbiWork account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to UbiWork or its third-party payment processor(s). You authorize UbiWork and its payment service providers to collect and store your Payment Method information.
2.2 Payment Method Verification. When you add or use a new Payment Method, UbiWork 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 UbiWork account so it can be used for a future transaction. You can remove the Payment Method from your UbiWork account as long as it is not associated with an active or future reservation.
2.3 Payment Authorization. You allow UbiWork to charge your Payment Method (including charging more than one payment method), either directly or indirectly, for all fees due (including any applicable taxes) in connection with your UbiWork account.
2.4 Automatic Update of Payment Method. If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) 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. UbiWork generally charges the Total Price due after the Host accepts your booking request. UbiWork 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 UbiWork 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 UbiWork is unable to collect the Total Price due, as scheduled, UbiWork will collect the Total Price due at a later point in accordance with Section 5.3. Once the payment for your requested booking is successfully completed, you will receive a confirmation email.
2.6 Currency. UbiWork will process each transaction in euro (EUR).
2.7 Booking Request Status. If a requested booking is declined 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 UbiWork 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.
2.8 Payment Restrictions. UbiWork reserves the right to decline or limit payments that we believe (i) may violate UbiWork’ risk management policies or procedures, (ii) may violate these Payments Terms or the Terms, (iii) are unauthorized, fraudulent or illegal; or (iv) expose you, UbiWork, or others to risks unacceptable to UbiWork.
2.10 Your Payment Method, Your Responsibility. UbiWork is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.
2.11 Ways to Pay
2.11.1 If UbiWork is unable to collect your payment, UbiWork will notify you of such declined payment, and require you to complete the payment using an alternative Payment Method within 72 hours of the notice. If you fail to complete the payment, you authorize UbiWork to cancel the booking on your behalf. If the booking is cancelled, you will be refunded based on the Host’s cancellation policy. You acknowledge that you may incur fees for cancellations pursuant to the Host’s cancellation policy.
2.11.2 Recurring Payments
184.108.40.206 For certain bookings (such as for Accommodation bookings of twenty-eight (28) nights or more), UbiWork may require a Ubiworker to make recurring, incremental payments toward the Total Price owed (“Recurring Payments”). More information on Recurring Payments (including the amount and the frequency of payments) will be made available via the UbiWork Platform if applicable to a booking.
220.127.116.11 If Recurring Payments apply to a confirmed booking, then the Ubiworker authorizes UbiWork to collect the Total Price due.
18.104.22.168 Ubiworkers may stop a Recurring Payment by notifying UbiWork orally or in writing at least three (3) business days before the scheduled date of the payment. UbiWork may require you to give written confirmation of a stop-payment order within fourteen (14) days of an oral notification. If you
fail to provide written confirmation within those fourteen (14) days, UbiWork is not obligated to honor your request to stop any future Recurring Payments. If you have any questions regarding your Recurring Payments, please contact UbiWork.
2.12 Total price of reservation. The total price of a reservation on UbiWork is based on the nightly rate set by the host, plus the addition of other fees or costs determined by either the host or UbiWork. These may include:
UbiWork service fee: Ubiworker service fee charged by UbiWork – Learn more about the UbiWork Service Fees in Section 4
Cleaning fee: Fee charged by some hosts to cover the cost of cleaning their space Extra Ubiworker fee: Fee charged by some hosts for each Ubiworker beyond a set number
Security deposit: Certain reservations may independently require a security deposit requested by the host or UbiWork
Value Added Tax (VAT): Tax charged to Ubiworkers who live in certain countries Local taxes: Taxes charged based on the location of the host’s listing
You will be charged once a host accepts your reservation request, or immediately if you use Instant Book. You may qualify to split the total cost of your reservation across multiple payments if your reservation meets specific criteria, or you can choose to pay the full amount in one payment.
- Host Terms
3.1 Payment Collection. UbiWork generally collects the Total Price of a booking at the time the Ubiworker’s booking request is accepted by the Host, unless noted otherwise.
3.2 Adding a Payout Method. In order to receive a Payout you must have a valid Payout Method linked to your UbiWork account. When you add a Payout Method to your UbiWork account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to UbiWork 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. You authorize UbiWork to collect and store your billing information and financial instrument information. UbiWork 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 payments from Ubiworker, UbiWork will generally initiate Payouts to your selected Payout Method: (i) for Accommodations, 24 hours after the Ubiworker’s scheduled check-in time and (ii) for all other Host Services, at the time specified via the UbiWork Platform. For Accommodation bookings of twenty-eight (28) nights or more, UbiWork will generally initiate the first Payout 24 hours after the Ubiworker’s scheduled check-in time and will initiate future Payouts every 30 days after the initial Payout, for the duration of the reservation.
3.3.2 UbiWork may offer you a different Payout time or trigger for payment, which may be subject to additional terms and conditions. The time it takes to receive Payouts once released by UbiWork 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 UbiWork service fees and applicable taxes. The Payout you receive for a Ubiworker’s stay is your nightly rate plus your optional extra charges (such as a cleaning fee or extra Ubiworker fee), minus the host service fee. This fee is calculated by multiplying the total booking amount by a percentage and is automatically deducted from your payout. Ubiworkers pay a service fee to UbiWork in addition to the cost of your listing, which is why the total price that Ubiworkers see is higher than your payout. In the event of cancellation of a confirmed booking, UbiWork will remit the amount you are due (if any) as provided in the Terms and applicable cancellation policy.
3.5 Payout Restrictions. UbiWork may temporarily place a hold, suspend, or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or completing an investigation; or if we are unable to verify your identity. Furthermore, UbiWork 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 Currency Conversion. UbiWork will remit your Payouts in euro (EUR). Note that payment service providers may impose transaction, currency conversion or other fees based on the Payout Method you select, and UbiWork is not responsible for any such fees and disclaims all liability in this regard.
3.7 Limits on Payouts. For compliance or operational reasons, UbiWork may limit the amount of a Payout. If you are due an amount above that limit, UbiWork may make a series of Payouts (potentially over multiple days) in order to provide your full Payout amount.
3.9 Your Payout Method, Your Responsibility. UbiWork is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you.
3.10 Different ways to get paid
- UbiWork Service Fees
To help UbiWork run smoothly and to cover the costs of the products and services we provide, we charge a service fee when a booking is confirmed. We have two different service fee structures for booking a place to stay: split-fee where both hosts and Ubiworkers pay a service fee, and host-only fee where only the host pays a service fee.
4.1 Split-fee. This fee structure is the most common. A service fee is deducted from the host payout, and a service fee is charged to Ubiworkers.
4.1.1 Host Service Fee (HSF). Most hosts pay a service fee of 5%, but UbiWork Plus hosts, who use Super Strict cancellation policies may pay more. This fee is calculated from the booking subtotal (the nightly rate plus cleaning fee and additional Ubiworker fee, if applicable, but excluding UbiWork Service Fees and taxes) and is automatically deducted from the host payout.
4.1.2 Ubiworker Service Fee (USF). Most Ubiworkers pay a service fee that is under 10% of the booking subtotal (the nightly rate plus cleaning fee and additional Ubiworker fee, if applicable, but excluding UbiWork fees and taxes). The fee varies based on a variety of booking factors and is displayed to Ubiworkers, including during checkout before they make a reservation.
4.2 Host-only fee. The entire service fee is deducted from the host payout, and no Ubiworker Service Fee (USF) is paid by Ubiworkers. The host-only fee typically ranges from 10% to 15% and is mandatory for hotels and some other hosts. UbiWork Plus hosts and hosts who use Super Strict cancellation policies may pay more.
4.3 VAT charges on service fees. Depending on the laws of the jurisdiction involved, VAT may be charged on top of the host and Ubiworker service fee. The service fee will include these VAT charges when applicable.
- Appointment of UbiWork as Limited Payment Collection Agent
4.1 Each Host, including each Host Team member, hereby appoints UbiWork as the Host’s payment collection agent solely for the limited purpose of accepting and processing funds from Ubiworkers purchasing Host Services on the Host’s behalf.
4.2 Each Host, including each Host Team member, agrees that payment made by a Ubiworker through UbiWork, shall be considered the same as a payment made directly to the Host, and the Host will provide the Host Service booked by the Ubiworker in the agreed-upon manner as if the Host has received the payment directly from the Ubiworker. Each Host agrees that UbiWork may refund the Ubiworker in accordance with the Terms. Each Host understands that UbiWork’ obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Ubiworker. UbiWork guarantees payments to Host(s) only for such amounts that have been successfully received by UbiWork from Ubiworkers in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Host, UbiWork assumes no liability for any acts or omissions of the Host.
4.3 Each Ubiworker acknowledges and agrees that, notwithstanding the fact that UbiWork is not a party to the agreement between you and the Host(s), including each Host Team member, UbiWork 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 Ubiworker’s payment of the funds to UbiWork, the Ubiworker’s payment obligation to the Host(s) for the agreed upon amount is extinguished, and UbiWork is responsible for remitting the funds successfully received by UbiWork to the Host(s) in the manner described in these Payments Terms. In the event that UbiWork does not remit any such amounts, the Host(s) will have recourse only against UbiWork and not the Ubiworker directly.
- General Terms
5.1 Fees. UbiWork may charge fees for use of certain Payment Services and any applicable fees will be disclosed to you in the Terms or via the UbiWork Platform.
5.2 Payment Authorizations. You authorize UbiWork 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 UbiWork 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 UbiWork to collect from you:
Any amount due to UbiWork (e.g., as a result of your bookings, Booking Modifications, cancellations, or other actions as a Ubiworker, Host or user of the UbiWork Platform), including reimbursement for costs prepaid by UbiWork or UbiWork on your behalf. Any funds collected by UbiWork will set off the amount owed by you to UbiWork and extinguish your obligation to UbiWork.
Any amount due to a Host from a Ubiworker which UbiWork 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 UbiWork account.
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).
Any amounts already paid to you as a Host despite a Ubiworker cancelling a confirmed booking or UbiWork deciding that it is necessary to cancel a booking in accordance with the Terms, Refund Policy, Extenuating Circumstances Policy, or other applicable cancellation policy. You agree that in the event you have already been paid, UbiWork will be entitled to recover the amount of any such Ubiworker refund from you, including by subtracting such refund amount out from any future Payouts due to you.
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 UbiWork collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.
5.3.1 If UbiWork is unable to collect any amounts you owe under these Payments Terms, UbiWork may engage in collection efforts to recover such amounts from you.
5.3.2 UbiWork will deem any owed amounts overdue when: (a) for authorized charges, one hundred and twenty (120) days have elapsed after UbiWork first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s
future Payouts, two hundred and seventy (270) days have elapsed after the adjustment is made to the Host’s UbiWork account or the associated services have been provided, whichever is later.
5.3.3 UbiWork will deem any overdue amounts not collected to be in default when three hundred and sixty five (365) days have elapsed: (a) for authorized charges, after UbiWork first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, after the adjustment is made to the Host’s UbiWork account or the associated services have been provided, whichever is later.
5.3.4 You hereby explicitly agree that all communications in relation to amounts owed will be made by electronic mail, as provided to UbiWork by you. Such communications may be made by UbiWork, or by anyone on their behalf, including but not limited to a third-party collection agent.
5.4 Payment Processing Errors
5.4.1 UbiWork will take the necessary steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the original Payout Method or Payment Method used or selected by you, so that you end up receiving or paying the correct amount. This may be performed by UbiWork or a third party such as your financial institution. We may also take steps to recover funds sent to you in error (including but not limited to an event of duplicate payments made to you due to a processing error), by reducing, setting off and/or debiting the amount of such funds from any future Payouts owed to you.
5.4.2 To the extent you receive any funds in error, you agree to immediately return such funds to UbiWork.
5.5.1 Any refunds or credits due to a Member pursuant to the Terms, Extenuating Circumstances Policy and Refund Policy will be initiated and remitted by UbiWork in accordance with these Payments Terms.
5.5.2 Subject to this Section 5.5.2, UbiWork will process refunds immediately, however, the timing to receive any refund will depend on the Payment Method and any applicable payment system (e.g., Visa, Mastercard, etc.) rules. In the event of a Force Majeure Event that may affect the processing and settlement of refunds, UbiWork will initiate and process the refund as soon as is practicable.
- Damage Claims and Security Deposits
6.1 If you as a Ubiworker (i) agree to pay the Host in connection with a Damage Claim, or (ii) UbiWork determines that you are responsible for damaging any real or personal property at a Listing pursuant to the Terms, you authorize UbiWork 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 fees, costs and/or expenses associated with the Damage Claim. If UbiWork is unable to collect from the Payment Method used to make the booking, you agree that UbiWork may charge any other Payment Method on file in your UbiWork account at the time of the Damage Claim (unless you have previously removed the authorization to charge such Payment Method(s))
6.2 You agree that UbiWork may seek to recover from you under any insurance policies you maintain and that UbiWork may also pursue against you any remedies it may have available, including, but not limited to, in relation to any payment requests made by Hosts under the UbiWork Host Guarantee.
- Abandoned Property
If UbiWork holds funds due to you (e.g., because we are unable to issue you a Payout or refund), we may process the funds due to you in accordance with our legal obligations, including by reporting and escheating (sending) such funds to the appropriate governing body as required by applicable unclaimed property laws.
- Prohibited Activities
8.1 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;
- breach or circumvent any agreements with third parties, third-party rights, or the 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 UbiWork 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 UbiWork or any of UbiWork’ 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.
- Force Majeure
UbiWork shall not be liable for any delay or failure to fulfill any obligation under these Payments Terms resulting from causes outside the reasonable control of UbiWork, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials (“Force Majeure Event”).
10.1 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.
10.2 Notwithstanding UbiWork’ appointment as the limited payment collection agent of Hosts pursuant to Section 4, UbiWork explicitly disclaims all liability for any act or omission of any Member or other third party. UbiWork does not have any duties or obligations as agent for each Host 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.
10.3 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.
10.4 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.
If you permit or authorize another person to use your UbiWork account in any way, you are responsible for the actions taken by that person. Neither UbiWork 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 UbiWork 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 Hosts pursuant to these Payments Terms or an approved payment request under the UbiWork Host Guarantee, in no event will UbiWork’ 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 (i) the amounts you have paid or owe for bookings via the UbiWork Platform as a Ubiworker in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by UbiWork to you in the twelve (12) month period prior to the event giving rise to the liability, or (ii) one hundred euros (EUR100), 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 UbiWork 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.
To the maximum extent permitted by applicable law, you agree to release, defend (at UbiWork’ option), indemnify, and hold UbiWork 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) your failure, or our failure at your direction, to accurately report, collect or remit taxes; or (iv) your breach of any laws, regulations, or third-party rights.
- Modification, Term, Termination, and other Measures
13.1 Modification. Except as otherwise required by applicable law, UbiWork may modify these Payments Terms at any time. If we make material changes to these Payments Terms, we will post the revised Payments Terms on the UbiWork Platform and update the “Last Updated” date at the top of these Payments Terms. If you are affected by the modification, we will also provide you with notice of the modification at least one (1) month before the date they become effective. If you do not terminate your agreement before the date the revised Payments Terms become effective, your continued use of the Payment Services will constitute acceptance of any changes to the revised Payments Terms.
13.2 Term. This agreement between you and UbiWork reflected by these Payments Terms is effective when you create an UbiWork account or use the Payment Services and remains in effect until either you or we terminate this agreement in accordance with Section 13.3.
13.3 Termination. You may terminate this agreement at any time by sending us an email or by deleting your UbiWork account. Terminating this agreement will also serve as notice to cancel your UbiWork account pursuant to the Terms. Without limiting our rights specified below, UbiWork may terminate this agreement for convenience at any time by giving you one (1) month prior notice. UbiWork may also terminate this agreement immediately without notice 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) UbiWork believes in good faith that such action is reasonably necessary to protect other Members, UbiWork, or third parties.
13.4 Suspension and Other Measures. UbiWork 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, (ii) if you have breached these Payments Terms, the Terms, applicable laws, regulations or third-party rights, (iii) if you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, (iv) for any amounts you owe under these Payments Term that are overdue or in default, or (v) if UbiWork believes in good faith that such action is reasonably necessary to protect the personal safety or property of UbiWork, its Members, or third parties, or to prevent fraud or other illegal activity. Further, for unsuccessful payment due to card expiration, insufficient funds, or otherwise, we may temporarily suspend your access to the Payment Services until we can charge a valid Payment Method.
13.5 Appeal. If UbiWork takes any of the measures described in Section 13.3 and 13.4 you may appeal such a decision by contacting customer service at firstname.lastname@example.org
13.6 Effect of Termination. If you cancel your UbiWork account as a Host or UbiWork takes any of the measures described above, UbiWork may provide a full refund to any Ubiworkers with confirmed booking(s), and you will not be entitled to any compensation for pending or confirmed bookings that were cancelled. If you cancel your UbiWork account as a Ubiworker, UbiWork will initiate a refund for any confirmed booking(s) based on the Listing’s cancellation policy. If your access to or use of the Payment Services has been suspended or limited or this agreement has been terminated by us, you may not register a new UbiWork account or attempt to access and use the Payment Services through an UbiWork account of another Member.
14.1 Interpreting these Payments Terms. Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire agreement between UbiWork and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between UbiWork and you regarding the Payment Services. 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.
14.2 No Waiver. UbiWork’ 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.
14.3 Assignment. You may not assign, transfer, or delegate this agreement or your rights and obligations hereunder without UbiWork’ prior written consent. UbiWork may without restriction assign, transfer, or delegate this agreement and any rights and obligations, at its sole discretion, with two (2) months’ prior notice.
14.4 Notices. Unless specified otherwise, any notices or other communications permitted or required under this agreement, will be in writing and given by UbiWork via email or UbiWork Platform notification. The date of receipt will be deemed the date on which UbiWork transmits the notice.
- Additional Clauses for Users that are Businesses
The following paragraphs also apply if you are using the Payment Services as a representative (“Representative”) acting on behalf a business, company or other legal entity (in such event, for purposes of the Payments Terms, “you” and “your” will refer and apply to that business, company or other legal entity).
15.1 You accept the Payments Terms and you will be responsible for any act or omission of employees or third-party agents using the Payment Service on your behalf.
15.2 You and your Representative individually affirm that you are authorized to provide the information described in Section 2.1 and Section 3.2 and your Representative has the authority to bind you to these Payments Terms. We may require you to provide additional information or documentation demonstrating your Representative’s authority.
15.3 You represent and warrant to us that: (i) you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered and that you are registering for receiving the Payment Services; and (ii) you have all requisite right, power, and authority to enter into this agreement, perform your obligations, and grant the rights, licenses, and authorizations in this agreement.
15.4 If you are using your Payment Method for the benefit of your employees or other authorized third-party in connection with UbiWork for Work, as permitted by your account, you authorize UbiWork to charge your Payment Method for bookings requested by employees at your company or other permitted third-party.
15.5 For any Payout Method linked to your UbiWork account, you authorize UbiWork to store the Payout Method, remit payments using the Payout Method for bookings associated with your UbiWork account and take any other action as permitted in the Payments Terms in respect of the Payout Method.
15.6 If you handle, store or otherwise process payment card information on behalf of anyone or any third-party, you agree to comply on an ongoing basis with applicable data privacy and security requirements under the current Payment Card Industry Data Security Standard with regards to the use, access, and storage of such credit card information. For additional information, including tools to help you assess your compliance, see https://www.visa.com/cisp and
UbiWork Refund Policy
Effective as of: June 13, 2021
These terms and conditions govern UbiWork’s policy for Ubiworker refunds (“Refund Policy”) and the obligations of the Host associated with the Refund Policy. The Refund Policy applies in addition to UbiWork’s Terms of Service (“UbiWork Terms”). The Refund Policy is available to Ubiworkers who book and pay for an Accommodation through the UbiWork Platform and suffer a Travel Issue (as defined below). The Ubiworker’s rights under this Refund Policy will supersede the Host’s cancellation policy.
All capitalized terms shall have the meaning set forth in the UbiWork Terms or Payments Terms unless otherwise defined in this Refund Policy.
By using the UbiWork Platform as a Host or Ubiworker, you are indicating that you have read and that you understand and agree to be bound by this Refund Policy.
- Travel Issue
A “Travel Issue” means any one of the following:
(a) the Host of the Accommodation (i) cancels a booking shortly before the scheduled start of the booking, (ii) fails to provide the Ubiworker with the reasonable ability to access the Accommodation (e.g. does not provide the keys and/or a security code), or (iii) fails to provide all features of the Accommodation stated in the specific UbiWork Certificate (“Certificate”) of the Accommodation.
(b) the Listing’s description or depiction of the Accommodation is materially inaccurate with respect to:
- the features of the Accommodation stated in its specific Certificate (e.g., Wi-Fi and internet connection, quality and quantity of computer monitors, size of desks or characteristics of the office chair),
- 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 conditioning systems, or
- the physical location of the Accommodation (proximity).
(c) at the start of the Ubiworker’s booking, the Accommodation: (i) is not generally clean and sanitary (including unclean bedding and/or bathroom towels); (ii) contains safety or health hazards that would be reasonably expected to adversely affect the Ubiworker’s stay at the Accommodation in UbiWork’s judgment, or (iii) has vermin or contains pets not disclosed in the Listing.
- The Refund Policy
If you are a Ubiworker and suffer a Travel Issue, you are covered by this policy as follows:
Up to 24 hours after check-in. If you report a Travel Issue up to 24 hours after check-in, we agree, at our discretion, to either (i) reimburse you the amount paid by you through the UbiWork Platform (“Total Fees”), or (ii) use our reasonable efforts to help you find and book for any unused nights left in your booking another Accommodation which is reasonably comparable to or better than the Accommodation described in your original booking in terms of size, rooms, features and quality. UbiWork shall decide whether an issue reported by a Ubiworker qualifies as a Travel Issue, whether to reimburse or rebook a Ubiworker who suffers a Travel Issue, and whether an alternate Accommodation is comparable or better.
More than 24 hours after check-in. If you report a Travel Issue more than 24 hours after check-in, we agree, at our discretion, to either (i) reimburse you up to the Total Fees depending on the nature of the Travel Issue suffered, or (ii) use our reasonable efforts to help you find and book 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.
UbiWork’s decisions under the Refund Policy are final and binding on Ubiworkers and Hosts but do not affect other contractual or statutory rights you may have. Any right that you may have to initiate legal action remains unaffected.
- Conditions for making a Claim
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:
(a) you must be the Ubiworker that booked the Accommodation;
(b) you must report the Travel Issue to us in writing within 24 hours of discovering the existence of the Travel Issue, and you must provide us with information (including photographs, videos, or other written or tangible evidence) about the Accommodation and the circumstances of the Travel Issue;
(c) you must respond to any requests by us for additional information or cooperation on the Travel Issue within the time specified by UbiWork;
(d) you must not have directly or indirectly caused the Travel Issue (through your action, omission or negligence);
(e) unless otherwise specified by UbiWork or UbiWork advises you that the Travel Issue cannot be remediated, you must use reasonable efforts to try to remedy the circumstances of the Travel Issue with the Host; and
(f) to receive a reimbursement of Total Fees or assistance with booking an alternative Accommodation, you must agree to vacate the Accommodation. If you choose to stay in the Accommodation, you may still qualify for a partial refund at UbiWork’s discretion as described in this policy (regardless of whether you reported the Travel Issue up to 24 hours after check-in).
- Minimum Quality Standards, Host Responsibilities and Reimbursement to Ubiworker
4.1 If you are a Host, you are responsible for ensuring that the Accommodations you list on the UbiWork Platform are accessible, adequately, and accurately described in the description, are fulfilling all features stated in the Certificate, are safe and clean, and do not present a Ubiworker with Travel Issues, as specified in these terms. During a Ubiworker’s stay at an Accommodation, Hosts should be available, or make a third-party available, to try, in good faith, to resolve any Travel Issues or other Ubiworker issues.
4.2 If you are a Host, and if (i) UbiWork determines that a Ubiworker has suffered a Travel Issue related to an Accommodation listed by you and (ii) UbiWork either reimburses that Ubiworker (up to their Total Fees) or provides an alternative Accommodation to the Ubiworker, you agree to reimburse UbiWork up to the amount paid by UbiWork within 30 days of UbiWork’s request. If the Ubiworker is relocated to an alternative Accommodation, you also agree to reimburse UbiWork for reasonable additional costs incurred to relocate the Ubiworker. You authorize UbiWork to collect any amounts owed to UbiWork by reducing your Payout or as otherwise permitted pursuant to the Payments Terms.
4.3 As a Host, you understand that the rights of Ubiworkers under this Refund Policy will supersede your selected cancellation policy. If you dispute the Travel Issue, you may notify us in writing and provide us with information (including photographs or other evidence) disputing the claims regarding the Travel Issue. In order to dispute a Travel Issue, you must use reasonable and good faith efforts to try to remedy any Travel Issue with the Ubiworker unless UbiWork advises you that the Travel Issue cannot be remediated or the Ubiworker has vacated the Accommodation.
- General Provisions
5.1 No Assignment/No Insurance. This 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 Ubiworker, and the Ubiworker has not paid any premium in respect of the Refund Policy. The benefits provided under this Refund Policy are not assignable or transferable by you.
5.2 Modification or Termination. UbiWork reserves the right to modify or terminate this Refund Policy, at any time, in its sole discretion. If UbiWork modifies this Refund Policy, we will post the modification on the UbiWork Platform or provide you with notice of the modification and UbiWork will continue to process all claims for Travel Issues made prior to the effective date of the modification according to the then applicable policy.
5.3 Entire Agreement. This Refund Policy constitutes the entire and exclusive understanding and agreement between UbiWork and you regarding the Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between UbiWork and you regarding the Refund Policy.
- Contacting UbiWork
If you have any questions about the Refund Policy, please email us.
Effective date: 13 June 2021
This Cancellation Policy gives an overview over the different cancellation options hosts can choose to offer to Ubiworkers. The Cancellation Policy applies in addition to UbiWork’s Terms of Service (“UbiWork Terms”).
For stays under 28 nights, hosts can choose which of the following cancellation options to offer Ubiworkers. For stays of 28 nights or more, the Long Term cancellation policy automatically applies. Ubiworker won’t get a refund of the UbiWork service fee if they’ve received 3 service fee refunds in the last 12 months or if the cancelled reservation overlaps with an existing reservation.
Flexible. If the Hosts has chosen the Flexible Cancellation Policy, the Ubiworker has the right to cancel until 24 hours before check-in for free (time shown in the confirmation email). After that, the Ubiworker can cancel before check-in and get a full refund, minus the first night and service fee. In connection to the possible refund, this means:
- For a full refund, the Ubiworker must cancel at least 24 hours before the listing’s local check in time (shown in the confirmation email).
- If the Ubiworker cancels less than 24 hours before check-in, the first night and UbiWork service fee are non-refundable.
- If the Ubiworker arrives and decides to leave early, the nightly rate for the nights not spent 24 hours after cancellation are fully refunded.
Moderate. If the Hosts has chosen the Moderate Cancellation Policy, the Ubiworker has the right to cancel until 5 days before check-in (time shown in the confirmation email). After that, the Ubiworker can cancel before check-in and get a 50% refund, minus the first night and service fee. In connection to the possible refund, this means:
- For a full refund, the Ubiworker must cancel at least 5 full days before the listing’s local check-in time (shown in the confirmation email).
- If the Ubiworker cancels less than 5 days before check-in, the first night plus 50% of all nights after that, and the UbiWork service fee, are non-refundable.
- If the Ubiworker arrives and decides to leave early, 50% of the nightly rate for the nights not spent 24 hours after the cancellation occurs are refunded.
Strict. If the Hosts has chosen the Strict Cancellation Policy, the Ubiworker has the right to cancel for 48 hours after booking, as long as the Ubiworker cancels at least 14 days before check-in (time shown in the confirmation email). After that, the Ubiworker can cancel up to 7 days before check-in and get a 50% refund of the nightly rate, and the cleaning fee, but not the service fee. In connection to the possible refund, this means:
- For a full refund of the nightly rate, the Ubiworker must cancel within 48 hours of booking and at least 14 full days prior to listing’s local check-in time (shown in the confirmation email).
- For a 50% refund of the nightly rate, the Ubiworker must cancel 7 full days before the listing’s local check in time (shown in the confirmation email), otherwise no refund. If only 50% of the reservation has been paid, no refund will be issued and the remaining 50% will simply not be charged.
- If the Ubiworker cancels less than 7 days in advance or decides to leave early after check-in, the nights not spent are not refunded.
Long Term. This Long Term Cancellation Policy automatically applies to reservations of 28 nights or more. With this Long Term Cancellation Policy, Reservations are fully refundable for 48 hours after the booking is confirmed, as long as the cancellation occurs at least 28 days before check-in (3:00 PM in the destination’s local time if not specified). More than 48 hours after booking, Ubiworkers can cancel before check-in and get a full refund, minus the first 30 days and the service fee. In connection to the possible refund, this means:
- For a full refund, the Ubiworker must cancel within 48 hours of booking and at least 28 full days prior to listing’s local check-in time (3:00 PM if not specified) on the day of check-in. • If the Ubiworker cancels the reservation before the start date, the first month of the reservation is paid to the host in full and not refunded to the Ubiworker.
- If the Ubiworker cancels the reservation during their stay, the Ubiworker must use the online alteration tool in order to agree to a new checkout date. Regardless of the checkout date chosen, the Ubiworker is required to pay the host for the 30 days following the cancellation date, or up to the end date of the Ubiworker’s original reservation if the remaining portion is less than 30 days.
Extenuating Circumstances Policy
Effective date: 13 June 2021
This Extenuating Circumstances Policy explains how cancellations are handled when unforeseen events beyond your control arise after booking and make it impracticable or illegal to complete your reservation. This Policy applies to reservations for both accommodation.
When this Policy allows for cancellation, it controls and takes precedence over the reservation’s cancellation policy. Ubiworkers that are affected by an event covered by this Policy can cancel their reservation and receive, depending on the circumstances, a cash refund, travel credit, and/or other consideration. Hosts that are affected by an event covered by this Policy can cancel without adverse consequences, but, depending on the circumstances, their calendars may be blocked for the dates of the cancelled reservation.
What events are covered
This Policy uses the term “Event” to refer to the following situations that occur after booking, are unforeseen at the time of booking, and prevent or legally prohibit completion of the reservation.
Changes to government travel requirements. Unexpected changes to visa or passport requirements imposed by a governmental agency that prevent travel to the destination. This doesn’t include lost or expired travel documents or other personal circumstances relating to a Ubiworker’s authorisation to travel.
Declared emergencies and epidemics. Government-declared local or national emergencies, epidemics, pandemics, and public health emergencies. This does not include diseases that are endemic or commonly associated with an area – for example, malaria in Thailand or dengue fever in Hawaii.
Government travel restrictions. Travel restrictions imposed by a governmental agency that prevent or prohibit travelling to, staying at, or returning from the Listing location. This does not include non binding travel advisories and similar government guidance.
Military actions and other hostilities. Acts of war, hostilities, invasions, civil war, terrorism, explosions, bombings, rebellions, riots, insurrection, civil disorder, and civil unrest.
Natural disasters. Natural disasters, acts of God, large-scale outages of essential utilities, volcanic eruptions, tsunamis, and other severe and abnormal weather events. This does not include weather or natural conditions that are common enough to be foreseeable in that location – for example, hurricanes occurring during hurricane season in Florida.
What is not covered
Everything else. This Policy only allows for cancellations for the Events described above. Everything else is excluded. Examples of situations that this Policy does not allow cancellations for include: unexpected disease, illness, or injury; government obligations like jury duty, court appearances or military duties; travel advisories or other government guidance (that fall short of a travel ban or prohibition); cancellation or rescheduling of an event for which the reservation was made; and transport disruptions unrelated to a covered Event like road closures, as well as flight, train, bus and ferry cancellations. If you cancel a reservation in these cases, the amount refunded will be determined by the cancellation policy that applies to the reservation.
What to do next
If we notify you or publish information confirming that this Policy applies to your reservation, please follow the cancellation instructions that we provide. When we have notified you or published information about how this Policy applies, you should have the option to cancel under this Policy by going to your Trips page and cancelling the affected reservation. If you believe this Policy applies to your reservation, but we have not notified you or published information about the Event, please contact us to cancel your reservation. In all cases, you should be prepared to provide documentation that shows how the Event has affected you or your reservation.
If you have questions, please email us.
Other things to be aware of
This Policy applies to all reservations with a check-in date on or after the effective date.