Terms of Service
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1. About These Terms
These Terms of Service (the "Terms") govern your use of Hostcierge, an online marketplace that connects short-term rental guests with local operators who provide experiences, services, and add-ons during a guest's stay. By booking, listing, or referring on Hostcierge, you agree to be bound by these Terms and the policies incorporated by reference.
These Terms apply to all Hostcierge markets globally, including our first markets in Tamarindo, Costa Rica and Buenos Aires, Argentina. Country-specific legal addenda may apply where required by local law.
2. Definitions
- Guest — a person who books a service listed on Hostcierge for their own use or for a group they are traveling with.
- Operator — a licensed business or individual that provides services (catamaran tours, surf lessons, private chefs, city guides, etc.) through Hostcierge.
- Host — a short-term rental property manager who refers Guests to Hostcierge in exchange for a referral commission.
- Affiliate — a creator or partner who refers Guests to Hostcierge in exchange for a referral commission.
- Booking — a confirmed reservation of an Operator's service by a Guest, paid through Hostcierge.
- Gross Amount — the total price charged to the Guest for a Booking, inclusive of all Hostcierge and Operator fees but exclusive of external taxes remitted to local authorities.
3. Platform Role and Booking Structure
Hostcierge is a marketplace platform. Hostcierge is not the provider of the Operator's service and does not employ Operators. Each service is delivered by the Operator under their own business license and insurance. Hostcierge is responsible for the booking flow, payment processing, referral attribution, and marketplace policies described in these Terms.
Guests contract directly with Operators for the delivery of services. Hostcierge acts as the Guest-facing brand and payment agent. In the event of a dispute related to the quality or safety of a service, Hostcierge will facilitate resolution between the Guest and Operator under the policies in these Terms.
4. Payments and Fees
Guests pay the Gross Amount at the time of Booking. Hostcierge processes payments through Stripe (or, for markets and Guests where Stripe is unavailable, through Wise, cash, or other approved payment methods). Payment processing fees are absorbed by Hostcierge from the Hostcierge commission share and do not reduce Operator payouts on completed bookings.
Operator payouts are calculated as the Gross Amount minus the Hostcierge commission share and any applicable referral commissions payable to the referring Host or Affiliate. Payouts are held until the service is marked Completed and any applicable dispute window has elapsed, then released on Hostcierge's standard payout cadence.
5. Cancellation and Refund Policy
Hostcierge operates a fee-deduction cancellation model. A $5 USD non-refundable cancellation fee is deducted from Guest refunds when the Guest initiates a cancellation. This fee is disclosed at checkout and is retained by Hostcierge to offset payment processing costs on cancelled bookings.
Refund amounts vary based on how far in advance the cancellation is made:
| Scenario | Refund to Guest | Details |
|---|---|---|
| Guest cancels >72 hours before service | Gross Amount minus $5 cancellation fee | Hostcierge absorbs the remaining payment processor fees. Operator receives no payout for the cancelled booking. |
| Guest cancels 24–72 hours before service | 50% of Gross Amount | Guest forfeits 50% to cover payment processor fees, inventory loss, and Operator short-notice impact. Operator receives no payout. |
| Guest cancels <24 hours before service | $0 refund | The full Gross Amount is retained. Operator receives their normal payout for the booking as if the service had been delivered. |
| Operator cancels (any reason) | 100% full refund | Hostcierge absorbs all payment processor fees. Operator loses the booking but pays no cash penalty. See § 6 for accountability tracking. |
| Weather or force majeure | 100% full refund | Verified weather cancellations (advisory, small craft warnings, unsafe conditions) are always fully refunded. Hostcierge absorbs all processor fees. |
| Service quality complaint | Case-by-case | Partial or full refunds are assessed by Hostcierge based on evidence provided by Guest and Operator. Hostcierge absorbs all processor fees on any approved refund. |
| Chargeback (Guest disputes to bank) | 100% refund + $15 processor dispute fee | Hostcierge absorbs the full loss. See § 7. Operator is held harmless unless post-investigation shows Operator fraud or gross misconduct. |
6. Operator Cancellation Accountability
Hostcierge does not charge Operators for payment processor fees on Operator-initiated cancellations. This protects Operators from being penalized for legitimate operational cancellations (weather, equipment failure, illness) while preserving Guest trust in the platform.
Instead, Operator cancellation behavior is tracked and thresholded at the account level:
- Cancellation rate > 5% over 30 days: Hostcierge will schedule a review meeting with the Operator to understand root causes and identify remediation.
- Cancellation rate > 10% over 30 days: temporary suspension from the marketplace pending review. During suspension, existing bookings are honored but new bookings are paused.
- Weather and verified emergency cancellations are exempt from these thresholds when supported by evidence (weather advisory, medical documentation, guest confirmation of unsafe conditions).
- Repeat non-weather cancellations (3+ in 30 days): a $25 platform fee is deducted from the Operator's next payout, in addition to the accountability thresholds above. This tier is scheduled for Phase 2 rollout of the platform.
The rationale for absorbing processor fees rather than charging Operators is straightforward: Guests see Hostcierge as the brand, so Operator cancellations are a Hostcierge brand risk; and Operators cannot legally be liable for payment fees they never collected. The real incentive is cancellation reputation and threshold enforcement, not per-incident penalties.
7. Chargebacks and Disputes
A chargeback occurs when a Guest disputes a Hostcierge charge with their bank instead of requesting a refund through Hostcierge directly. Chargebacks are costly and slow to resolve, and Hostcierge encourages Guests to contact support@hostcierge.app first.
When a chargeback is filed:
- Hostcierge loses the full booking amount to the payment processor.
- Hostcierge pays a $15 processor dispute fee, regardless of whether the dispute is won.
- The Operator is held harmless — the Operator's payout is not clawed back unless post-investigation demonstrates Operator fraud, misrepresentation, or gross misconduct.
- Hostcierge treats chargeback losses as fraud cost and uses this data to refine refund eligibility and Guest verification over time.
8. Non-Stripe Payment Methods
For bookings paid through Bank Transfer (Wise), cash, or other approved methods, refunds are processed manually. The $5 Guest cancellation fee and the timing tiers in § 5 still apply. Refund fees for non-Stripe methods are typically lower (Wise refunds cost approximately $5 flat; cash refunds have no processor cost) and are absorbed by Hostcierge in the same pattern as Stripe refunds.
9. Modifications
Hostcierge may update these Terms and the Cancellation and Refund Policy from time to time. Material changes will be communicated to active Operators, Hosts, and Affiliates by email with at least 30 days' notice, and to Guests through the checkout flow. The version number and effective date at the top of this page identify the current version.
Bookings are governed by the version of these Terms in effect at the time of Booking, not the version in effect at the time of cancellation or service delivery.
10. Contact
Questions about these Terms or a specific booking should be directed to support@hostcierge.app. Legal correspondence should be directed to legal@hostcierge.app.
Hostcierge
New Jersey, United States
hostcierge.app