Please read these Payments Terms of Service (“Payments Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By using the Payment Services (as defined below), you agree to comply with and be bound by these Payments Terms.
If your country of residence is within the European Economic Area (“EEA”) you can access the European Commission’s online dispute resolution platform here: http://ec.europa.eu/consumers/odr. Please note that rentlete Payments is not committed or obliged to use an alternative dispute resolution entity to resolve disputes with consumers.
Last Updated: April 29th, 2020
These Payments Terms constitute a legally binding agreement (“Agreement”) between you and rentlete Payments (as defined below) governing the Payment Services (defined below) conducted through or in connection with the rentlete Platform.
When these Payments Terms mention “rentlete Payments,” “we,” “us,” or “our,” it refers to the rentlete Payments.
The rentlete Terms of Service (“rentlete Terms”) separately govern your use of the rentlete Platform. All capitalized terms have the meaning set forth in the rentlete Terms unless otherwise defined in these Payments Terms.
In certain situations, customers may be required to enter into unique payment processing agreements with rentlete Payments. To the extent that there is a conflict between these Payment Terms and terms and conditions set forth in any relevant payment processing agreement, the latter terms and conditions will take precedence, unless specified otherwise.
1.1 rentlete Payments provides payments services to Members, including payment collection services, payments and payouts, in connection with and through the rentlete Platform (“Payment Services”).
1.2 rentlete Payments may temporarily and under consideration of the Members’ legitimate interests (e.g., by providing prior notice), restrict the availability of the Payment Services, or certain services or features thereof, to carry out maintenance measures that ensure the proper or improved functioning of the Payment Services. rentlete Payments may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time. rentlete Payments 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.
1.3 The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms and conditions and privacy practices and Members should review them independently. rentlete Payments is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by rentlete Payments of such Third-Party Services.
1.4 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 for 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.
“Payout” means a payment initiated by rentlete Payments to a Member for services (such as Listing Rates) performed in connection with the rentlete Platform.
“Payment Method” means a financial instrument that you have added to your rentlete Account, such as a credit card, debit card, or PayPal account.
“Payout Method” means a financial instrument that you have added to your rentlete Account, such as direct deposit, a prepaid card, or a debit card (where available).
rentlete Payments reserves the right to modify these Payments Terms at any time in accordance with this provision. If we make changes to these Payments Terms, we will post the revised Payments Terms on the rentlete Platform and update the “Last Updated” date at the top of these Payments Terms. We will inform you about your right of refusal and your right to terminate this Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued use of the Payment Services will constitute acceptance of the revised Payments Terms.
4.1 You must be at least 16 years old and able to enter into legally binding contracts to use the Payment Services. By using the Payment Services you represent and warrant that you are 16 or older.
4.2 rentlete Payments may make access to and use of certain areas or features of the Payment Services subject to certain conditions or requirements, such as completing a verification process or meeting specific eligibility criteria.
4.3 We may make inquiries we consider necessary to help verify or check your identity or prevent fraud. Towards this end, you authorize rentlete Payments to screen you against third party databases or other sources and request reports from service providers. In some jurisdictions, we have a legal obligation to collect identity information to comply with anti-money laundering regulations. This may include (i) 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; (ii) requiring you to take steps to confirm ownership of your email address, Payment Methods or Payout Methods; or (iii) attempting to screen your information against third-party databases. rentlete Payments reserves the right to close, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
5.1 In order to use the Payment Services, you must have an rentlete Account in good standing. If you or rentlete closes your rentlete Account for any reason, you will no longer be able to use the Payment Services.
5.2 You may authorize a third party to use your rentlete Account in accordance with the rentlete Terms. You acknowledge and agree that anyone you authorize to use your rentlete Account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.
6.1 When you add a Payment Method or Payout Method to your rentlete Account, you will be asked to provide customary billing information such as name, billing address, and financial instrument information either to rentlete Payments or its third-party payment processor(s). You must provide accurate, current, and complete information when adding a Payment Method or Payout Method, and it is your obligation to keep your Payment Method and Payout Method up-to-date at all times. The information required for Payout Methods will depend on the particular Payout Method and may include:
6.2 When you add or use a new Payment Method, rentlete Payments may verify the Payment Method by authorizing a nominal amount or by authenticating your account via a third-party payment service provider. For further verification, we may also (i) authorize your Payment Method for one or two additional nominal amounts, and ask you to confirm these amounts, or (ii) require you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payout Method. When you add a Payment Method during checkout, we will automatically save that Payment Method to your rentlete Account so it can be used for a future transaction.
6.3 Please note that Payment Methods and Payout Methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing payments and Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and rentlete Payments is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method or Payout Method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your Payment Method or Payout Method.
6.4 You authorize rentlete Payments to store your Payment Method information and charge your Payment Method as outlined in these Payments Terms. 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 partner or your bank and update your Payment Method on file in your rentlete Account.
6.5 You are solely responsible for the accuracy and completeness of your Payment Method and Payout Method information. rentlete Payments is not responsible for any loss suffered by you as a result of incorrect Payment Method or Payout Method information provided by you.
6.6. If your Contracting Entity's location is different than the country of your Payment Method or your selected currency is different than your Payment Method's billing currency, your payment may be processed outside your country of residence. For example, if you make a booking using a Canadian-issued card, but select Euro as your currency, your payment may be processed outside of Canada. Banks and credit card companies may impose international transaction fees and foreign exchange fees on such international transactions. In addition, if you select to pay with a currency that is different than your Payment Method's billing currency, your bank or credit card company may convert the payment amount to your billing currency associated with you Payment Method, based on an exchange rate and fee amount determined solely by your bank. As a result, the amount listed on your card statement may be a different amount than that shown on checkout. Please contact your bank or credit card company if you have any questions about these fees or the applicable exchange rate.
Generally speaking, rentlete Payments will collect the Total Fees from an enthusiast at the time the enthusiast’s booking request is accepted by the athlete, or at any other time mutually agreed between the enthusiast and rentlete Payments.
7.2.1 In order to receive a Payout you must have a valid Payout Method linked to your rentlete Account. rentlete Payments will generally initiate Payouts to your selected Payout Method, 24 hours before the start of the Experience.
7.2.2 The time it takes to receive Payouts once released by rentlete Payments may depend upon the Payout Method you select and the Payout Method provider’s processing schedule. rentlete Payments may delay or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation.
7.2.3 Your Payout for a booking will be the Listing Fee, less applicable Fees and Taxes.
7.2.4 In the event of an enthusiast’s cancellation of a confirmed booking, rentlete Payments will remit a Payout of any portion of the Total Fees due to you under the applicable cancellation policy.
7.2.5 rentlete Payments will remit your Payouts in your currency of choice, depending upon your selections via the rentlete Platform and as further set out in Section 12. Amounts may be rounded up or down as described in the rentlete Terms.
7.2.6 For compliance or operational reasons, rentlete Payments may limit the value of each individual Payout. If you are due an amount above that limit, rentlete Payments may initiate a series of Payouts (potentially over multiple days) in order to provide your full payout amount.
8.1 You authorize rentlete Payments to charge your Payment Method the Total Fees for any booking requested in connection with your rentlete Account. rentlete Payments will collect the Total Fees in the manner agreed between you and rentlete Payments via the rentlete Platform. rentlete Payments will generally collect the Total Fees after the athlete accepts your booking request. However, if you pay with a push Payment Method (such as Sofort), rentlete Payments will collect the Total Fees at the time of your booking request or after the athlete accepts your booking request. Once the payment transaction for your requested booking is successfully completed, you will receive a confirmation email.
8.2 When you request to book a Listing, rentlete Payments may also (i) obtain a pre-authorization via your Payment Method for the Total Fees, (ii) charge or authorize your Payment Method a nominal amount, to verify your Payment Method, or (iii) authenticate your account via a third-party payment service provider to verify your Payment Method.
8.3 If a requested booking is cancelled either because it is not accepted by the athlete or you cancel the booking request before it is accepted by the athlete, any amounts collected by rentlete Payments 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.
8.4 You authorize rentlete Payments to perform the Payment Method verifications described in Sections 6 and 8, and to charge your Payment Method for any bookings made in connection with your rentlete Account. You hereby authorize rentlete Payments to collect any amounts due,by charging the Payment Method provided at checkout, either directly by rentlete Payments or indirectly, via a third-party online payment processor, and/or by one or more of the payment methods available on the rentlete Platform (such as gift cards).
9.1 Each Member collecting payment for services provided via the rentlete Platform (such as athlete experience or certain transactions facilitated through the Resolution Center) (“Providing Member”) hereby appoints rentlete Payments as the Providing Member’s payment collection agent solely for the limited purpose of accepting funds from Members purchasing such services (“Purchasing Members”).
9.2 Each Providing Member agrees that payment made by a Purchasing Member through rentlete Payments, shall be considered the same as a payment made directly to the Providing Member, and the Providing Member will provide the purchased services to the Purchasing Member in the agreed-upon manner as if the Providing Member has received the payment directly from the Purchasing Member. Each Providing Member agrees that rentlete Payments may refund the Purchasing Member in accordance with the rentlete Terms. Each Providing Member understands that rentlete Payments’ obligation to pay the Providing Member is subject to and conditional upon successful receipt of the associated payments from Purchasing Members. rentlete Payments guarantees payments to Providing Members only for such amounts that have been successfully received by rentlete Payments from Purchasing Members in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Providing Member, rentlete Payments assumes no liability for any acts or omissions of the Providing Member.
9.3 Each Purchasing Member acknowledges and agrees that, notwithstanding the fact that rentlete Payments is not a party to the agreement between you and the Providing Member, rentlete Payments acts as the Providing Member’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Providing Member. Upon your payment of the funds to rentlete Payments, your payment obligation to the Providing Member for the agreed upon amount is extinguished, and rentlete Payments is responsible for remitting the funds to the Providing Member in the manner described in these Payments Terms, which constitute rentlete Payments’ agreement with the Purchasing Member. In the event that rentlete Payments does not remit any such amounts, the Providing Member will have recourse only against rentlete Payments and not the Purchasing Member directly.
rentlete Payments may charge fees for use of certain Payment Services and any applicable fees will be disclosed to Members via the rentlete Platform.
10.2 Payment Authorizations
You authorize rentlete Payments to collect from you amounts due pursuant to these Payment Terms or the rentlete Terms. Specifically, you authorize rentlete Payments to collect from 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 our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.
10.3.1 Any refunds or credits due to a Member pursuant to the rentlete Terms and enthusiast Refund Policy, will be initiated and remitted by rentlete Payments in accordance with these Payments Terms.
10.3.2 rentlete Payments will process refunds immediately, however, the timing to receive any refund will vary based on the Payment Method and any applicable payment system (e.g., Visa, Mastercard, etc.) rules.
10.4 Recurring Payments
10.4.1 For certain bookings rentlete Payments may require an enthusiast to make recurring, incremental payments toward the Total Fees owed (“Recurring Payments”). More information on Recurring Payments (including the amount and the frequency of payments) will be made available via the rentlete Platform if applicable to a booking.
10.4.2 If Recurring Payments apply to a confirmed booking, then the enthusiast authorizes rentlete Payments to collect the Total Fees, and the athlete agrees that rentlete Payments will initiate Payouts, in the increments and at the frequency agreed to and identified via the rentlete Platform.
10.4.3 enthusiasts may stop payment of a Recurring Payment by notifying rentlete Payments orally or in writing at least three (3) business days before the scheduled date of the payment. rentlete Payments may require that you give written confirmation of a stop-payment order within fourteen (14) days of an oral notification. If you fail to provide written confirmation within fourteen (14) days as requested, rentlete Payments is not obligated to honor your request to stop any future Recurring Payments. If you have any questions regarding your Recurring Payments, please contact rentlete Payments pursuant to Section 27.
10.5 Payment Processing Errors
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payout Method or Payment Method used for the original Payout to or payment by you, so that you end up receiving or paying the correct amount. This may be performed by rentlete Payments or a third party such as your financial institution.
10.6.1 If rentlete Payments is unable to collect any amounts you owe under these Payments Terms, rentlete Payments may engage in collection efforts to recover such amounts from you.
10.6.2 rentlete Payments will deem any owed amounts overdue when: (a) for authorized charges, one hundred and twenty (120) days have elapsed after rentlete Payments first attempts to charge the Member’s Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a athlete’s future Payouts, two hundred and seventy (270) days have elapsed after the adjustment is made to the athlete’s account or the associated services have been provided, whichever is later.
10.6.3 rentlete Payments 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 rentlete Payments first attempts to charge the Member’s Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a athlete’s future Payouts, after the adjustment is made to the athlete’s account or the associated services have been provided, whichever is later.
10.6.4 You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail or by phone, as provided to rentlete and/or rentlete Payments by you. Such communication may be made by rentlete, rentlete Payments, or by anyone on their behalf, including but not limited to a third-party collection agent.
rentlete Payments will process each transaction in the currency the Member selects via the rentlete Platform. The currencies available to make and receive payments for any given transaction may be limited for regulatory or operational reasons based on factors such as the Member’s selected Payment Method or Payout Method and/or the Member’s country of residence or rentlete contracting entity(ies). Any such limitations will be communicated via the rentlete Platform, and you will be prompted to select a different currency, Payment Method or Payout Method. Note that a Member’s third-party payment service provider may impose transaction, currency conversion or other fees based on the currency or Payment Method the Member selects to make or receive payments, and rentlete Payments is not responsible for any such fees and disclaims all liability in this regard.
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:
13.1 The Payment Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Payment Services, including all associated intellectual property rights, are the exclusive property of rentlete, rentlete Payments and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Payment Services. All trademarks, service marks, logos, trade names, and any other proprietary designations of rentlete or rentlete Payments used on or in connection with the Payment Services are trademarks or registered trademarks of rentlete or rentlete Payments in the United States and abroad. Trademarks, service marks, logos, trade names, and any other proprietary designations of third parties used on or in connection with Payment Services are used for identification purposes only and may be the property of their respective owners.
13.2 You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Payment Services, except as expressly permitted in these Payments Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by rentlete, rentlete Payments, or its licensors, except for the licenses and rights expressly granted in these Payments Terms.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Payment Services (“Feedback”). You may submit Feedback by emailing us, through the “Contact” section of the rentlete Platform, or pursuant to Section 27 (“Contacting rentlete Payments”). Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
15.1 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.
15.2 Notwithstanding rentlete Payments’ appointment as the limited payment collection agent of Providing Members for the purposes of accepting payments from Purchasing Members through the rentlete Platform, rentlete Payments explicitly disclaims all liability for any act or omission of any Member or other third party. rentlete Payments does not have any duties or obligations as agent for each Providing Member 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.
15.3 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.
15.4 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.
16.1 Except as provided in Section 18.2, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Payment Services remains with you. If you permit or authorize another person to use your rentlete Account in any way, you are responsible for the actions taken by that person. Neither rentlete Payments 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 rentlete Payments 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 Providing Members pursuant to these Payments Terms or an approved payment request under the rentlete athlete Guarantee, in no event will rentlete Payments’ 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 the amounts you have paid or owe for bookings via the rentlete Platform as a enthusiast in the twelve (12) month period prior to the event giving rise to the liability, or if you are a athlete, the amounts paid by rentlete Payments to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), 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 rentlete Payments 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. If you reside outside of the U.S., this does not affect rentlete Payments’ liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
16.2 If you reside in the EEA or Australia and contract with rentlete Payments Australia, Section 16.1 does not apply, and rentlete Payments 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. rentlete Payments is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents; such liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of rentlete Payments in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract. Any additional liability of rentlete Payments is excluded to the maximum extent allowed by applicable law.
To the maximum extent permitted by applicable law, you agree to release, defend (at rentlete Payments’ option), indemnify, and hold rentlete Payments 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) rentlete Payments’ Collection and Remittance of Occupancy Taxes; or (iv) your breach of any laws, regulations, or third-party rights. If your country of residence is in the EEA, the indemnification obligation according to this Section 17 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.
18.1 This Agreement will continue unless and until it is terminated, suspended or other measures are taken as described in this Section 18.
18.2 You may terminate this Agreement at any time by sending us an email, or by following the termination procedures specified in the rentlete Terms. Terminating this Agreement will also serve as notice to cancel your rentlete Account pursuant to the rentlete Terms. If you cancel your rentlete Account as an athlete, rentlete Payments will provide a full refund to any enthusiasts with confirmed booking(s). If you cancel your rentlete Account as a enthusiast, rentlete Payments will initiate a refund for any confirmed booking(s) based on the Listing’s cancellation policy.
18.3 Without limiting our rights specified below, rentlete Payments may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address (or two (2) months’ prior notice for Members contracting with rentlete Payments UK or rentlete Payments Luxembourg).
18.4 rentlete Payments may immediately, without notice terminate this Agreement 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) rentlete Payments believes in good faith that such action is reasonably necessary to protect other Members, rentlete, rentlete Payments, or third parties (for example in the case of fraudulent behavior of a Member).
18.5 In addition, rentlete Payments 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, or if (ii) you have breached these Payments Terms, the rentlete Terms, applicable laws, regulations or third-party rights, (iii) you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, (iv) any amounts you owe under these Payments Term are overdue or in default, or (v) rentlete Payments believes in good faith that such action is reasonably necessary to protect the personal safety or property of rentlete, its Members, rentlete Payments, or third parties, or to prevent fraud or other illegal activity.
18.6 In case of non-material breaches and where appropriate, you will be given notice of any measure by rentlete Payments and an opportunity to resolve the issue to rentlete Payments' reasonable satisfaction.
18.7 If rentlete Payments takes any of the measures described in this Section you may appeal such a decision by contacting customer service.
18.8 If you are an athlete and we take any of the measures described in this Section we may refund your enthusiasts in full for any and all confirmed bookings, irrespective of preexisting cancellation policies, and you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
18.9 If your access to or use of the Payment Services has been limited or this Agreement has been terminated by us, you may not register a new rentlete Account or attempt to access and use the Payment Services through another rentlete Account of another Member.
18.10 Unless your country of residence is in the EEA, Sections 10 and 15 to 25 of these Payments Terms shall survive any termination or expiration of this Agreement.
19.1 If you are contracting with rentlete Payments US, these Payments Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 23 must be brought in state or federal court in San Francisco, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in San Francisco, California.
19.2 If you are contracting with rentlete China, these Payments Terms will be governed by and construed in accordance with the laws of China (“China Laws”). Any dispute arising from or in connection with these Payments Terms shall be submitted to the China International Economic and Trade Arbitration Commission (CIETAC) for arbitration in Beijing which shall be conducted in accordance with CIETAC’s arbitration rules in effect at the time of applying for arbitration, provided that this section shall not be construed to limit any rights which rentlete Payments may have to apply to any court of competent jurisdiction for an order requiring you to perform or be prohibited from performing certain acts and other provisional relief permitted under China Laws or any other laws that may apply to you. The arbitration proceedings shall be conducted in English. The arbitral award rendered is final and binding upon both parties.
19.3 If you are contracting with rentlete Payments UK, these Payments Terms will be interpreted in accordance with English law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. The choice of law does not impact your rights as a consumer according to the consumer protection regulations of your country of residence. If you are acting as a consumer, judicial proceedings that you are able to bring against us arising from or in connection with these Payments Terms may only be brought in a court located in England or a court with jurisdiction in your place of residence. If rentlete Payments 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 English courts.
19.4 If you are contracting with rentlete Payments Luxembourg, these Payments Terms will be interpreted in accordance with Luxembourg law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. The choice of law does not impact your rights as a consumer according to the consumer protection regulations of your country of residence. If you are acting as a consumer, judicial proceedings that you are able to bring against us arising from or in connection with these Payments Terms may only be brought in a court located in Luxembourg or a court with jurisdiction in your place of residence. If rentlete Payments 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 Luxembourg courts.
19.5 If you are contracting with rentlete Payments India, these Payments Terms will be interpreted in accordance with the laws of India. Any dispute arising from or in connection with these Payments Terms shall be submitted to the International Chamber of Commerce (“ICC”) for arbitration in New Delhi, which shall be the seat and venue of arbitration. Such arbitration shall be conducted in accordance with the arbitration rules of the ICC in effect at the time of applying for arbitration, provided that this section shall not be construed to limit any rights which rentlete Payments may have to apply to any court of competent jurisdiction for an order requiring you to perform or be prohibited from performing certain acts and other provisional relief permitted under the laws of India or any other laws that may apply to you. In the event one or more of the parties to the dispute are non-resident, the parties agree to exclude (for the avoidance of any doubt) the applicability of the provisions of Part I (save and except Section 9, Section 27, Section 37(1)(a) and Section 37(3) thereof) of the Indian Arbitration and Conciliation Act 1996 to any arbitration under this section. The arbitration proceedings shall be conducted in English. The arbitral award rendered is final and binding upon both parties. Each party shall bear its own costs in relation to the arbitration.
19.6 If you are contracting with rentlete Payments Australia, these Payments Terms are governed by the laws of the State of New South Wales, Australia. The parties agree to submit to the non-exclusive jurisdiction of the courts of that State and courts of appeal of that State in respect of any proceedings arising out of or in connection with this Agreement.
20.1 This Dispute Resolution and Arbitration Agreement shall apply if you (i) are contracting with rentlete Payments US; or (ii) bring any claim against any rentlete Payments entity in the United States (to the extent not in conflict with Section 21).
20.2 Overview of Dispute Resolution Process. rentlete Payments is committed to participating in a consumer-friendly dispute resolution process. To that end, these Payments Terms provide for a two-part process for individuals to whom Section 22.1 applies: (1) an informal negotiation directly with rentlete’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 22 and except as provided in Section 22.6). Specifically, the Consumer Arbitration Rules provide:
20.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and rentlete Payments each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact rentlete’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
20.4 Agreement to Arbitrate. You and rentlete Payments mutually agree that any dispute, claim or controversy arising out of or relating to these Payments Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or to the use of the Payment Services (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and rentlete Payments agree that the arbitrator will decide that issue.
20.5 Exceptions to Arbitration Agreement. You and rentlete Payments each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
20.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org.
20.7 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, rentlete Payments agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in San Francisco County; (c) in any other location to which you and rentlete Payments both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
20.8 Modification of AAA Rules - Attorney’s Fees and Costs. You and rentlete Payments agree that rentlete Payments will be responsible for payment of the balance of any initial filing fee under the AAA Rules in excess of $200 for claims of $75,000 or less. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, rentlete Payments agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA rules, to recover attorneys’ fees and expenses if it prevails in arbitration.
20.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
20.10 Jury Trial Waiver. You and rentlete Payments acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
20.11 No Class Actions or Representative Proceedings. You and rentlete Payments acknowledge and agree that, to the fullest extent permitted by applicable law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding as to all Disputes. Further, unless you and rentlete Payments both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section 22.11 is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “private attorney general action” waiver or the “representative proceeding” waiver in this Section 19.11 is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and you and rentlete Payments agree that any private attorney general claims and representative claims in the Dispute will be severed and experienced, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.
20.12 Severability. Except as provided in Section 22.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
20.13 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Payments Terms”), if rentlete Payments changes this Section 22 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of rentlete Payments’ email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and rentlete Payments in accordance with the provisions of the “Dispute Resolution” section as of the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms).
20.14 Survival. Except as provided in Section 20.12 and subject to Section 18.8, this Section 20 will survive any termination of these Payments Terms and will continue to apply even if you stop using the Payment Services or terminate your rentlete Account.
21.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire Agreement between rentlete Payments and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between rentlete Payments and you regarding the Payment Services.
21.2 No joint venture, partnership, employment, or agency relationship exists between you or rentlete Payments as a result of this Agreement or your use of the Payment Services.
21.3 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.
21.4 rentlete Payments’ 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.
21.5 You may not assign, transfer, or delegate this Agreement and your rights and obligations hereunder without rentlete Payments’ prior written consent. rentlete Payments may without restriction assign, transfer, or delegate this Agreement and any rights and obligations, at its sole discretion, with thirty (30) days’ prior notice (or two (2) months’ prior notice for Members contracting with rentlete Payments UK or rentlete Payments Luxembourg). Your right to terminate this Agreement at any time remains unaffected.
21.6 This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third-party beneficiaries of this Agreement for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to this Agreement.
21.7 Unless specified otherwise, any notices or other communications permitted or required under this Agreement, will be in writing and given by rentlete Payments via email, rentlete Platform notification, or messaging service (including SMS and WeChat). For notices made to Members residing outside of EEA, the date of receipt will be deemed the date on which rentlete transmits the notice.
21.8 If you are contracting with rentlete Payments Luxembourg, this Agreement is concluded in the language as applied by the rentlete Terms of Service and all communication undertaken during this contractual relationship shall be made in that language.