Guest Refund Policy Terms
These terms and conditions govern the tripmagic Guest Refund Policy (the “Guest Refund Policy ”) available to Guests who book and pay for an Accommodation listed by a Host through the tripmagic platform (the "Site") and suffer a Travel Issue and the obligations of the Host associated with the Guest Refund Policy.
1. Travel Issue. A “Travel Issue” means any one of the following:
(a) the Host of the Accommodation (i) cancels a reservation shortly before the scheduled start of the reservation, or (ii) fails to provide the Guest with the reasonable ability to access the Accommodation (e.g., by providing the keys and/or a security code).
(b) the description of the Accommodation in the listing on the Site is materially inaccurate with respect to:
(i) the size of the Accommodation (e.g., number and size of the bedroom, bathroom and/or kitchen or other rooms),
(ii) whether the reservation for the Accommodation is for a private room or shared room, and whether another party, including the Host, is staying at the Accommodation during the reservation,
(iii) special amenities or features represented in the listing description 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 condition systems, or
(iv) the physical location of the Accommodation (proximity).
(c) at the start of the Guest’s reservation, the Accommodation: (i) is not generally clean and sanitary (ii) contains safety or health hazards that would be reasonably expected to adversely affect the Guest’s stay at the Accommodation in tripmagic’s judgment, (iii) does not contain clean bedding and bathroom towels available for the Guest’s use, or (iv) has vermin or contains pets not disclosed on the listing.
2. The Guest Refund Policy. If you are a Guest and suffer a Travel Issue, we agree, at our discretion, to either (i) reimburse you up to the amount paid by you through the Site, as determined by tripmagic in our discretion, depending on the nature of the Travel Issue suffered or (ii) use our reasonable efforts to find and book you another Accommodation for any unused nights left in your reservation which in our determination is reasonably comparable to the Accommodation described in your original reservation in terms of size, rooms, features and quality. All determinations of tripmagic with respect to the Guest Refund Policy, including without limitation the size of any refund, shall be final and binding on the Guests and Hosts.
3. Conditions to Claim a Travel Issue. Only a Guest may submit a claim for a Travel Issue. If you are a Guest, in order to submit a valid claim for a Travel Issue and receive the benefits with respect to your reservation, you are required to meet each of the following conditions:
(a) you must bring the Travel Issue to our attention in writing or via telephone and provide us with information (including photographs or other evidence) about the Accommodation and the circumstances of the Travel Issue within 24 hours after the start of your reservation, and must respond to any requests by us for additional information or cooperation on the Travel Issue.
(b) you must not have directly or indirectly caused the Travel Issue (through your action, omission or negligence).
(c) you must have used reasonable efforts to try to remedy the circumstances of the Travel Issue with the Host prior to making a claim for a Travel Issue.
4. Minimum Quality Standards, Host Responsibilities and Reimbursement to Guest. If you are a Host, you are responsible for ensuring that the Accommodations you list on the Site meet minimum quality standards regarding access, adequacy of the description on the Site, safety, cleanliness, and do not present a Guest with Travel Issues. During the 24-hour period following the Guest’s check-in, Hosts should be available, or make a third-party available, in order to try, in good faith, to resolve Guest issues.
If you are a Host, and if (i) tripmagic determines that a Guest has suffered a Travel Issue related to an Accommodation listed by you and (ii) tripmagic either reimburses that Guest any amount up to the amount paid by the Guest through the Site for the Accommodation or provides an alternative Accommodation to the Guest, you agree to reimburse tripmagic up to the amount paid by tripmagic within 30 days of tripmagic’s request. All determinations of tripmagic with respect to the Guest Refund Policy, including without limitation the size of any refund to the Guest, shall be final and binding on the Guests and Hosts. You also agree that in order for you to reimburse tripmagic up to the amount paid by tripmagic, tripmagic may off-set or reduce any amounts owed by tripmagic to you by this amount. If the Guest remains for part or all of the stay despite the Travel Issue, the Guest will receive a refund that will reduce the amount of the Accommodation Fees ultimately paid to you. If the Guest is relocated to an alternative Accommodation, you may lose part or all of the Accommodation Fee payment for the booking and you may be responsible for reasonable additional costs incurred to relocate the Guest to the alternative Accommodation.
The rights of the Guests under the Guest Refund Policy supersede the cancellation policy established by a Host. If you dispute the Travel Issue you may notify us in writing or via telephone and provide us with information (including photographs or other evidence) disputing the claims regarding the Travel Issue, provided you must have used reasonable and good faith efforts to try to remedy the Travel Issue with the Guest prior to disputing the Travel Issue claim. You agree that all determinations of tripmagic with respect to the Travel Issue shall be final and binding on the Guests and Hosts regardless of your submission of a dispute against such Travel Issue. In the event of one or more Travel Issues, tripmagic, in its discretion, may elect to take additional actions. These actions include, but are not limited to, negatively affecting your listing ranking, automated reviews indicating Travel Issues, cancelling future bookings, suspending or removing the listing of the Accommodation or imposing penalties or fees for the administrative burden associated with the Travel Issues.
5. General Provisions.
(a) No Assignment/No Insurance. This Guest 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 Guest, and the Guest has not paid any premium in respect of the Guest Refund Policy. The benefits provided under this Guest Refund Policy are not assignable or transferable by you.
(b) Modification or Termination. tripmagic reserves the right to modify or terminate this Guest Refund Policy, at any time, in its sole discretion, and without prior notice. If tripmagic modifies this Guest Refund Policy, we will post the modification on the Site or provide you with notice of the modification and tripmagic will continue to process all claims for Travel Issues made prior to the effective date of the modification.
(c) Entire Agreement and Definitions. This Guest Refund Policy constitutes the entire and exclusive understanding and agreement between tripmagic and you regarding the Guest Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between tripmagic and you regarding the Guest Refund Policy. Capitalized terms not otherwise defined herein shall have the meaning set forth in the tripmagic Terms of Service.
(d) Controlling Law. This Guest Refund Policy will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions.
(e) Limitation of Liability. IN NO EVENT WILL tripmagic’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS tripmagic POLICY TERMS, EXCEED THE AMOUNT OF THE ACCOMMODATION FEES COLLECTED BY tripmagic FROM THE GUEST. 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.
YOU ACKNOWLEDGE AND AGREE THAT, BY POSTING A LISTING OR BOOKING AN ACCOMMODATION OR OTHERWISE USING THE SITE, SERVICES AS A HOST OR GUEST, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE POLICY TERMS.
6. Contacting tripmagic. If you have any questions about the Guest Refund Policy, please contact tripmagic.